SHALENDER KUMAR Vs. NAND SINGH

JUDGEMENT

(1.) This is a regular second appeal filed by the Appellant/Plaintiffs under Section 100 Code of Civil Procedure against the judgment and decree, dated 7.7.2000, passed by the learned District Judge, Solan, H.P., whereby he affirmed the judgment and decree, dated 14.12.1998, passed by the learned Senior Sub Judge, Solan, dismissing the suit of the Appellant/Plaintiffs in full.

(2.) I have heard the learned Counsel for the parties and have gone through the record of the case.

(3.) During the course of arguments, it has been pointed out that a suit for mandatory injunction was filed by the Appellant/Plaintiffs alleging that the Respondent/Defendant has encroached upon the suit land by raising some construction. It was pointed out that in one of the reports, it was found that there was encroachment to the extent of 9 square meters and in the second report submitted before the learned trial Court, it was found that the encroachment was to the extent of 10 square meters. Both the reports were not accepted by the learned trial Court and it proceeded to dismiss the suit of the Plaintiffs.