HEM SINGH Vs. BHAGAT RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 2.3.2000 passed by the learned District Judge, Chamba in Civil Appeal No.53 of 1997 whereby he allowed the appeal filed by the defendants-appellants and set aside the judgment and decree dated 22.9.1997 passed by the learned Sub Judge, 1st Class, Chamba decreeing the suit of the plaintiffs.

(2.) BRIEFLY stated the facts of the case are that the appellants (hereinafter referred to as the 'plaintiffs') filed a suit alleging that they are joint owners in possession of the suit land and prayed that the respondents-defendants be restrained by a decree of permanent prohibitory injunction from interfering in the suit land. In the alternative, it was prayed that in case the defendants take forcible possession of the suit land during the pendency of the suit then a decree of possession be also passed in their favour.

(3.) THE learned Trial Court decreed the suit and held the plaintiffs to be in possession of the same and restrained the defendants from interfering in the suit land.