GURDIAL SINGH Vs. TIRATH RAM AND ORS.

JUDGEMENT

(1.) THE appellant was plaintiff and is aggrieved against the judgment, decree dated 30. 11.1999 passed by the learned District Judge, Una in civil appeal No. 47 of 1993 affirming the judgment, decree dated 29.1.1993 passed by learned Senior Sub Judge, Una in civil suit No. 121 of 1986. The respondents No. 1, 2 were defendants 1, 4 respectively.

(2.) THE facts, in brief, are that appellant had filed a suit for permanent prohibitory injunction as well as mandatory injunction against respondents and two other persons, namely, Bal Krishan Kailash and Jasbir Singh. The further case of the appellant is that land measuring 2 Kanals, 5 Marlas, more specifically detailed in the plaint, was in possession of the father of appellant and after his death, appellant and his real brother Swaran Singh are in possession as tenant at will. The appellant and Swaran Singh became owners of the suit land after coming into force the H.P. Tenancy and Land Reforms Act, 1972. The respondents and two aforesaid persons Bal Krishan Kailash and Jasbir Singh threatened to raise construction over the suit land and, therefore, suit was filed.

(3.) THE respondent No. 2 also contested the claim of the appellant. She has pleaded that appellant and his brother had received Rs. 2,000/ - on 29.3.1979 as sale consideration for the land measuring 10 Marlas adjacent to the land of Smt. Shakuntala Devi. The respondent No. 2 has succeeded to 10 Marlas of land after the death of Smt. Shakuntala Devi. The respondent No. 2 is owner -in -possession of 10 Marlas of land. The vendors agreed to execute the sale deed, but they failed to do so. In these circumstances, respondent No. 2 has prayed for dismissal of the suit.