ZEHAR SINGH Vs. RAGHU BAR (DEAD) THROUGH LRS

JUDGEMENT

(1.) The present regular second appeal is directed against the judgment and decree dated 22.05.2008, passed by the learned District Judge, Kinnaur at Rampur Bushahr, in Civil Appeal No. 13 of 2007, Zehar Singh vs. Raghu Bar & others whereby the judgment and decree dated 29.03.2007 of the learned Civil Judge (Sr. Division), Kinnaur at Reckong Peo, H.P., in Civil suit No. 43 -1 of 2006, Raghu Bar vs. Zehar Singh, decreeing the suit for possession and perpetual prohibitory injunction filed by the respondents herein as plaintiffs against the appellant herein being the defendant, have been affirmed.

(2.) The dispute between the parties concerns the land bearing khata No. 82, khatauni No. 184, khasra Nos. 337, 338 and 339, measuring 0 -01 -32 hects., situate in up muhal Goonag, mauza Kothi, Tehsil Kalpa, District Kinnaur, H.P., which shall hereinafter be referred to as the suit land.

(3.) Briefly stated facts of the case are that the defendant had filed Civil Suit No. 36 -1 of 2004, titled Zehar Singh vs. Raghubar and others in the court of the learned Civil Judge (Sr. Division) Kinnaur at Reckong Peo, H.P., seeking a declaration that he has acquired title to the suit land through adverse possession. This suit was partly decreed vide judgment and decree dated 30.03.2006, Ex. PW -1/A, in the following terms: 11. In view of my findings on issues above, the suit of the plaintiff is partly decreed qua the relief of injunction whereas the relief of declaration is declined. The defendants No. 1 to 4 are restrained from interfering with the possession of the plaintiff over the suit land and structure thereon in any manner till he is dis -possessed from it in accordance with law. In the circumstances of the case, the parties are left to bear their own costs. The decree sheet be prepared accordingly. -