BHAGAT RAM Vs. NANAK CHAND

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 25.2.2002 rendered by the learned District Judge, Una in Civil Appeal No.56 of 1999.

(2.) Material facts necessary for the adjudication of this Regular Second Appeal are that the respondentplaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit for permanent injunction against the appellant-defendants (hereinafter referred to as 'defendants' for convenience sake) restraining them from interfering or cutting and removing cattle feeding leaves from the trees standing over the land measuring 1-33-34 hectares comprised in Khewat No. 25 min, Khatauni No.34, Khewat No.31, Khatauni No.40 bearing Khasra Nos. 333, 328 and 331. In the alternative, plaintiff prayed for mandatory injunction. It is also alleged that the suit land is owned and possessed by the plaintiff and the defendants have no right or interest in the suit land. Defendants were threatening to remove the cattle feeding leaves from the trees standing over the suit land forcibly for which they have no right to do so.

(3.) Suit was contested by the defendants. According to the defendants, plaintiff was never the owner nor in possession of the suit land. They were coming in possession of the land since long time as owner. The suit property was purchased by the defendants from the custodian and since the time of sale, the defendants were coming in possession as owner. The replication was filed by the plaintiff. Learned Sub Judge (II), Una decreed the suit on 26.2.1999. Defendants were permanently restrained from interfering or cutting and removing the branches of the trees standing over the suit land. Defendant Bhagat Ram preferred an appeal before the District Judge, Una. He dismissed the same on 25.2.2002. Hence, the present Regular Second Appeal. It was admitted on the following substantial question of law: