RAM DITTU Vs. HARI CHAND

JUDGEMENT

(1.) THIS is a Regular Second Appeal under Section 100 Code of Civil Procedure, filed by the Appellants/Defendants against the judgment and decree of the Court of Learned Additional District Judge, Solan, dated 25.6.1999, vide which he had set aside the judgment and decree passed by the Learned Sub Judge 1st Class, Arki, dated 30.11.1996, dismissing the suit of the Plaintiff and suit of the Plaintiff was decreed for possession of the suit land.

(2.) BRIEFLY stated, the facts of the case are that suit for permanent prohibitory injunction was filed by Kanhiya Ram, original Plaintiff, now represented by his legal representatives Respondents No. 1 and 2. It was alleged that the Plaintiff he is owner in possession of the land comprised in Khasra Numbers as detailed in the paint measuring 38 -19 Bighas, situated in village Ropori, Tehsil Arki, District Solan. It was alleged that Defendants Ram Dittu etc., the present Appellants, are the adjoining owners, who have no right, title or interest over the suit land. Since they are interfering in the possession of the Plaintiff, the suit for permanent prohibitory injunction was filed by the Plaintiff.

(3.) ON the pleadings of the parties, as many as nine issues were framed by the Learned trial Court. Issues No. 1 to 3 are material, which are being reproduced below: