PRITHI CHAND Vs. SHAKTI CHAND

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge (Fast Track Court), Hamirpur in Civil Appeal No. 2 of 2010, dated 3.12.2010.

(2.) Material facts necessary for the adjudication of this regular second appeal are that the Respondent/Plaintiff (hereinafter referred to as "the Plaintiff" for convenience sake) instituted a suit against the Appellant/Defendant (hereinafter referred to as "the Defendant" for convenience sake), for fixation of boundary by way of demarcation with consequential relief of permanent prohibitory injunction restraining him from interfering over the suit land in the Court of Civil Judge (Junior Division), Court No. III, Hamirpur.

(3.) According to the Plaintiff, he was absolute owner in possession over the suit land as detailed in the plaint, whereas, the Appellant/Defendant was totally a stranger to the same. The Defendant had uprooted the pucca boundaries and started cutting trees from the suit land. The suit was contested by the Defendant by filing written statement. According to him, he has neither interfered nor did he intend to do so. It was further stated in the written statement that the suit land was got demarcated through Assistant Collector 1st Grade, Hamirpur on 28.11.1996 and boundaries were fixed on the spot.