KARAM CHAND Vs. RATTAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 28.04.2010, passed by the learned Additional District Judge, Fast Track Court, Hamirpur, H.P. in Civil Appeal No. 30 of 2009.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the respondent-plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) has filed a suit for permanent prohibitory injunction for restraining the defendant from interfering in the ownership and possession of the plaintiff over the suit land comprised in Khata No. 40 min, Khatoni No. 41 min, Khasra No. 123, measuring 1 Kanal 8 Marlas, situated in Tika Jharlog Uparla, Tehsil Bhoranj, District Hamirpur and for possession by way of demolition in case the defendant succeeds in raising construction or creating any passage over the suit land. Precisely, the case of the petitioner was that he was owner in possession of the suit land and the defendant was stranger, who had no concern with the suit land. The defendant was threatening to create a passage over the suit land without any right to do so and despite requests.

(3.) THIS Regular Second Appeal was admitted on the following substantial questions of law: