BALDEV SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge -II, Kangra at Dharamshala in RBT Civil Appeal No.280 -G/ 10/06 on 15th July, 2011.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the appellant/plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) has instituted a suit against the respondents/defendants (hereinafter referred to as "the defendants" for convenience sake) seeking perpetual and prohibitory injunction, restraining the defendants from taking their cattle and uprooting the 'langana ' from the suit land bearing Khata No.35 min, Khatauni No.36, Khasra No.102/1 situated in Mohal Patti, Mauza Kotla, Tehsil Jaswan, District Kangra, Himachal Pradesh alongwith mandatory injunction, directing the defendants to restore the 'langana ' to its original position. According to the plaintiff, land comprised in Khasra No.102 as per jamabandi for the year 1996 -97 is recorded in his ownership and other co -sharers. The nature of the suit land is gair mumkin abadi and there is courtyard of plaintiff. Khasra No.103 is owned by defendant No.1 and other co -sharers. Defendant No.1, i.e. Parmod Singh has moved an application for marking the path through fields Nos. 102 and 103 during the consolidation operation and vide order dated 25th April, 1998, the Consolidation Officer marked the path through field Nos. 102 and 103 as shown in the remarks column of jamabandi as 102/1 and 103/2. This path passes through his courtyard. According to the plaintiff, the Consolidation Officer has directed that this path shall not be used for taking the cattle by anybody including the parties. Thus, for the protection from cattle and other stray animals, the plaintiff has fixed 'langana ' on the corner of field No.102/1. The defendants have forcibly removed the 'langana ' on 5.3.1998. The path in question, as per the plaintiff, is only for the use of inhabitants and not for carrying the cattle.

(3.) THE plaintiff did not file any replication. The learned Civil Judge (Junior Division) framed the issues on 21st September, 2000. He dismissed the suit on 21st April, 2006. The plaintiff preferred an appeal before learned Additional District Judge -II, Kangra at Dharamshala. He dismissed the same on 15th July, 2011. Hence this regular second appeal.