JAGDISH CHAND Vs. PREM SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 25.9.2010 passed by the learned Additional District Judge (Fast Track Court), Hamirpur in Civil Appeal No. 19 of 2010.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the Respondents/Plaintiffs (hereinafter referred to as "the Plaintiffs" for convenience sake) instituted a suit for permanent prohibitory injunction in respect of the land comprised in Khata No. 1 min, Khatauni No. 1, Khasra Nos. 296, 317 and 318 new, measuring 0 -16 -53 square metres as per Misal Hakiat Bandobast Jadid Sani for the year 1996 -97 (hereinafter referred to as "the suit land" for brevity sake) and in the alternative for possession of the suit land, in case the Appellants/Defendants (hereinafter referred to as "the Defendants" for convenience sake) succeed in dispossessing the Plaintiffs therefrom during the pendency of the suit. According to the Plaintiffs, they were owners in possession of the suit land alongwith other co -sharers and the Defendants were completely strangers and have no right, title or interest in the same. The Defendants have started causing interference over the suit land and they were threatening to raise construction over the same.

(3.) ISSUES were framed by the learned trial Court on 16.6.2000. The learned Civil Judge (Junior Division), Hamirpur decreed the suit on 15.1.2010. Defendants preferred an appeal before the learned Additional District Judge (Fast Track Court), Hamirpur. He dismissed the same on 25.9.2010. Hence this regular second appeal.