SUSHMA DEVI Vs. RAMESH CHAND

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 08.04.2011, passed by the learned Additional District Judge, Fast Track Court, Shimla, Camp at Rohru in Civil Appeal No. 18 -S/13 of 2009.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the Appellants -Plaintiffs (hereinafter referred to as "the Plaintiffs" for convenience sake) had instituted a suit for permanent prohibitory injunction against the Respondents -Defendants (hereinafter referred to as "the Defendants" for brevity sake). According to the Plaintiffs, Jai Singh, father of the Defendants, vide exchange dated 06.01.1985, gave the land comprised in Khasra No. 1735 and 1737, situated in Chak Khashdhar, Tehsil Chirgaon to the Plaintiffs and since then, they were in its settled possession. According to them, Khasra No. 1738 was the part and parcel of old Khasra number of the Plaintiffs, but has wrongly been shown as having been carved out, during the current settlement from Khasra No. 3514. According to them, Khasra No. 1738 along with Khasra No. 1728 was in settled possession of the Plaintiffs. The cause of action arose to them on 08.01.2006 when the Defendants interfered in the suit land.

(3.) PLAINTIFFS have filed the replication. The issues were framed by the learned trial Court on 11.01.2007. The learned trial Court partly decreed the suit by restraining the Defendants from causing any sort of interference over the suit land, i.e., land comprised under Khasra No. 1735 and 1737. Plaintiffs preferred an appeal before the learned Additional District Judge, Fast Track Court, Shimla, Camp at Rohru. The same was dismissed on 08.04.2011. Hence, this Regular Second Appeal.