MOTI RAM Vs. RAM SWAROOP

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 19.2.2007 rendered by the learned District Judge, Shimla in Civil Appeal No. 54 -S/13 of 2006.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the Respondents -Plaintiffs (hereinafter referred to as 'Plaintiffs ' for convenience sake) instituted a suit for declaration to the effect that they are owners in possession of the land, as detailed in the plaint, situated in village Jablog, Tehsil and District Shimla entered in the jamabandi for the year 1996 -97 and also for consequential relief that the Appellant -Defendant (hereinafter referred to as 'Defendant ' for convenience sake) be restrained from interfering with the possession of the Plaintiffs over the suit land and in the alternative for possession if the Plaintiffs were found to be out of possession of the suit land. It was alleged that the suit land was jointly owned by the Plaintiffs. However, the suit land has been coming in Hissadari possession of Plaintiff No.

(3.) LEARNED Civil Judge (Senior Division) framed issues on 24.2.2003. Trial court decreed the suit as under: (a) A decree for declaration to the effect that the Plaintiffs are joint owner in possession of the suit land as detailed in para No. 1 of the plaint is hereby passed in favour of the Plaintiffs and against the Defendant. (b) A decree for permanent injunction restraining the Defendant from interfering in the possession of the Plaintiff over the suit land as detailed in the head note of the plaint is also passed in favour of the Plaintiffs and against the Defendant.