MANOHAR SINGH Vs. INDER RAM

JUDGEMENT

(1.) THIS judgment shall dispose of RSA No.320 of 2000 and RSA No.333 of 2000 both having arisen from common judgment, decree dated 1.4.2000 passed by learned District Judge, Chamba in Civil Appeal No.6 of 1999. In this judgment the parties are referred from RSA No.320 of 2000.

(2.) THE facts in brief are that appellant had filed a suit for possession of land comprised in khasra No.326/1 measuring 46 square yards and 4 square feet, khasra No.347/324/3, measuring 42 square yards and 4 square feet. The suit is also for possession of land comprised in khasra No.347/324/1, measuring 12 square yards and 2 square feet and land comprised in khasra No.347/324, measuring 9 square yards and 7 square feet by way of mandatory injunction by demolition of two latrines and portition of house illegally constructed over the said khasra numbers by respondent.

(3.) IN addition to aforesaid land, the respondent had also constructed two latrines over an area measuring 12 square yards and 2 square feet, comprised in khasra No.347/324/1. This construction was also made during the pendency of the application by respondent despite objection of appellant.