LIAQ RAM CHAUHAN Vs. SHANTA SHARMA

JUDGEMENT

(1.) THIS second appeal is directed against the judgement of the learned District Judge, Shimla in Civil Appeal No.68-S/13 of 1998 whereby he dismissed the appeal of the plaintiff-appellant and affirmed the judgement and decree dated 28.3.1998 passed by the learned Sub Judge, Shimla dismissing the suit of the plaintiff.

(2.) THE plaintiff-appellant filed a suit for issuance of a decree of permanent prohibitory injunction restraining the defendants from raising any construction on or over the set-back area left by them and from making any encroachment in the land of the plaintiff comprised in Khasra NO. 545/246 measuring 214 square yard 6 square feet in Anand Bhawan Estate, Shimla-3.

(3.) AFTER dismissal of the suit, the plaintiff filed an appeal and even in the appeal he filed an application for demarcation of the land and on 29.7.1997 the learned District Judge passed the following order:-