BRIJ LAL Vs. PURAN CHAND

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 1.7.2005 passed by the District Judge, Mandi in Civil Appeal No.54 of 2004.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as the plaintiff - for convenience sake) had filed a suit for permanent prohibitory injunction, restraining the appellant/defendant (hereinafter referred to as the defendant - for convenience sake) from raising any construction by the side of the road over the valuable portion of land comprised in Khewat No.127 min, Khatauni No.140, Khasra No.890, measuring 2 -13 -7 bighas, situate in Mohal Kehar, Illaqua Rajgarh Balh, Tehsil Sadar, district Mandi. According to the plaintiff, suit land was jointly owned and possessed by the parties alongwith other co -sharers and partition proceedings were pending before the Revenue Officer. The defendant started stacking material on the spot for raising construction over the valuable portion of the suit land. Suit was contested by the defendant by filing written statement. On merits, it was admitted that the suit land was joint of the parties alongwith other co -sharers. However, it was specifically denied that the suit land was in possession of the plaintiff alongwith co -sharers. According to him, he was in exclusive possession of the suit land alongwith his brother Prem Sukh. He has alleged private partition amongst the co -sharers. He has admitted the pendency of partition proceedings. Replication was filed by the plaintiff by re -asserting the stand taken in the plaint. The trial Court framed the issues on 18.11.2002. Learned Trial Court dismissed the suit on 2.8.2004. Plaintiff preferred an appeal before the learned District Judge, Mandi. He allowed the appeal on 1.7.2005. Hence, this regular second appeal.

(3.) MR . G.R. Palsra, learned counsel for the appellant has supported the judgment of learned Civil Judge (Senior Division), dated 2.8.2004. Mr. Sanjeev Kuthiala, learned counsel for the respondent has supported the judgment of learned District Judge, dated 1.7.2005.