SUNDER SINGH Vs. PREM CHAND

JUDGEMENT

(1.) THIS regular second appeal filed under Section 100 of the Code of Civil Procedure, 1908 was admitted on the following substantial question of law:

(2.) PLAINTIFF (Appellant herein) Sunder Singh filed suit for permanent prohibitory and mandatory injunction against Defendant Prem Chand (Respondent herein). The suit was partly decreed in terms of judgment and decree dated 8.3.2000 passed by Senior Sub Judge, Sirmaur at Nahan in Civil Suit No. 186/1 of 1994.

(3.) IT was held that the suit land was recorded in the revenue record to be in joint ownership and possession of both the parties. As such, Defendant was restrained from causing any sort of interference, raising construction, hindrance or obstruction over the path existing on the suit land. Issue No. 1 was decided accordingly. Qua issue No. 2, trial Court found that Plaintiff had failed to prove by leading legal evidence, the fact that Defendant had raised any construction over the suit land which obstructed use of the path over the suit land.