BHAGAT RAM Vs. MADAN LAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge Solan, Camp at Nalagarh in Civil Appeal No. 1 -NL/13 of 1995, dated 16.2.2000.

(2.) MATERIAL facts necessary for the adjudication of this regular second appeal are that Predecessor -in -interest of appellants/plaintiffs, namely, Chet Ram (hereinafter referred to as 'the plaintiff ' for convenience sake) filed a suit for permanent prohibitory injunction restraining the Predecessors -in -interest of the respondents/defendants, namely, Amin Chand and Kishan Chand (hereinafter referred to as 'the defendants ' for convenience sake) from interfering in his possession over the land comprised in Khewat/Khatauni No. 126 min/138 min, Khasra No. 316 measuring 0 -9 biswas, situate in the area of village Kunjahal and further restraining them from obstructing or causing any blockade of the passage which is situate in that land. According to him, he was in possession of the suit land since 1978 and his possession is open and continuous. The passage to his Abadi passes from Khasra No. 316. He has claimed the passage to be pucca. The defendants have threatened to block the passage on 8.5.1993.

(3.) REPLICATION was filed by the plaintiff. Issues were framed by the learned Sub Judge 1st Class, Nalagarh on 13.12.1993. He dismissed the suit on 6.3.1995. Plaintiff, Chet Ram filed appeal before the learned Additional District Judge, Solan, camp at Nalagarh. He dismissed the same on 16.2.2000. Hence, this regular second appeal against the judgment and decree dated 16.2.2000 passed by the learned Additional District Judge.