ACHHAR CHAND Vs. JAI LAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 16.05.2009, passed by the learned District Judge, Una, H.P. in Civil Appeal No. 74 of 2008.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the Appellant -Plaintiff (hereinafter referred to as "the Plaintiff" for convenience sake) had instituted a suit for permanent injunction restraining the Respondent -Defendant (hereinafter referred to as "the Defendant" for convenience sake) from changing the nature, raising construction or taking forcible possession of the land measuring 333.50 sq. meters comprised in Khasra No. 616, Khatauni No. 647, Khewat No. 318, as entered in the Jamabandi for the year 1994 -95, situate in Up Mohal Behli, Mauja Una, District Una, H.P. till final partition.

(3.) MR . T.S. Chauhan, learned Counsel for the Appellant has strenuously argued that the judgments and decrees passed by both the Courts below are against the principles of law. According to him, both the Courts below have not correctly appreciated the oral as well as documentary evidence. According to him, no partition proceedings were ever instituted and the Plaintiff is in joint owner -ship of the suit land.