(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 20.12.1999 passed by the learned District Judge, Sirmaur District at Nahan in Civil Appeal No. 62 -CA/13 of 1998 whereby he partially set -aside the judgment and decree dated 10.9.1998 passed by the learned Senior Sub Judge, Nahan.
(2.) BRIEFLY stated, the facts of the case are that the Appellant (hereinafter referred to as the Plaintiff) filed a suit for permanent mandatory injunction against the Defendants praying that the Defendants be restrained from interfering in the land comprised in khasra Nos. 1510 and 1511 in Mohal Chhawani Shamsharpur at Nahan, District Sirmaur, H.P. A further prayer was made that a decree for mandatory injunction be passed directing the Defendants to remove the construction raised during the pendency of the suit.
(3.) THE Defendants filed an appeal and the learned lower Appellate Court confirmed the decree qua khasra No. 1511 but the decree qua khasra No. 1510 measuring 0 -00 -09 hectares was set aside and the prayer of the Plaintiffs for mandatory injunction by demolition of the super structure on this khasra number was rejected. The Plaintiff aggrieved by this portion of the judgment filed the present appeal.