VINOD KUMAR Vs. CHUNI LAL

JUDGEMENT

(1.) THIS Regular Second Appeal under Section 100 C.P.C. has been filed by the appellants/defendants against the judgment and decree of the Court of learned Additional District Judge (I), Kangra at Dharamshala, dated 11.11.1999, affirming the judgment and decree passed by the Court of learned Sub Judge Ist Class(2), Palampur, dated 31.10.1997, decreeing the suit of the respondent/plaintiff for permanent prohibitory injunction as against the appellants.

(2.) BRIEFLY stated, the facts of the case are that suit for permanent prohibitory injunction was filed by the respondent, hereinafter also referred to as the plaintiff as against the appellants hereinafter also referred to as the defendants. It was alleged by the plaintiff that the suit land measuring 0-03-58 Hectares comprised in seven Khasra Numbers was earlier jointly owned and possessed by the parties prior to 20.6.1991 and thereafter on the basis of the partition order passed 1st Grade by the A.C. dated 20.6.1991, the plaintiff is in exclusive possession of the suit land. The mutation was also attested in favour of the plaintiff on 3.9.1992. It was alleged that the possession of the suit land was given to the plaintiff who is in exclusive possession and since the defendants are threatening to interfere in possession of the plaintiff over the suit land, hence the suit filed by the plaintiff.

(3.) PARTIES led their evidence and the learned trial Court vide its impugned judgment decided all the issues numbering 1 to 5 in favour of the plaintiff and as against the defendants and consequently, decreed the suit of the plaintiff. On appeal, those findings were affirmed by the learned Additional District Judge. Hence, the present appeal filed by the defendants.