KUNDAN LAL Vs. YOGINDRA

JUDGEMENT

(1.) Kundan Lal plaintiff-petitioner is in revision against the orders of learned District Judge, Chamba dated 16th January, 2001 passed in C.M.A. No. 21 of 2000.

(2.) In order to appreciate the controversy, facts necessary for the purpose of disposal of this petition may be noticed in brief:

(3.) Plaintiff-petitioner is owner of the land comprised in Khasra No. 1876/963 on which his residential house is located. He is also recorded owner in possesson of the land comprised in Khasra Nos. 961, 962, 1016 and 1039 situate in Mauja Mugla of Chamba town. Admittedly, out of this, land measuring 11 biswas comprised in Khasra Nos. 961, 962 and 1039/1 was acquired by the State of Himachal Pradesh. However, according to the plaintiff, he along with other co-sharers, still continues to be in possession of this land. Adjacent to the land of the plaintiff, is the land of defendant/respondent Smt. Yogindra measuring 5 biswas in Khasra No. 1380/ 1035. It is the case of the plaintiff that defendant has started construction of her house and is trying to encroach his land comprised in Khasra No. 1876/963. It is the further allegation of the plaintiff that plaintiff had a store, on which part of the land is not specified, which was demolished by the defendant while laying her pillars for the construction of her house. It is further case of the plaintiff that construction being raised by the defendant is in utter dis- regard to the approval granted by Town and Country Planning Department and Municipal Council of Chamba. According to the plaintiff, defendant has not left any space between his house and the proposed construction. It is the case of the plaintiff that in case "the defendant succeeds in raising construction, the backside windows along with the caves shall be completely blocked and eclipsed thereby depriving the plaintiff to have free flow of light and air to his living rooms which is being enjoyed by the plaintiff as of right since long."