ROSHAN LAL Vs. SARWAN SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Hamirpur in Civil Appeal No.121 of 1994, dated 12.2.2002.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the appellant/plaintiff (hereinafter referred to as -the plaintiff - for convenience sake) filed a suit for permanent prohibitory injunction and in the alternative for possession of the suit land by demolition of super structure raised thereon against the respondents/defendants (hereinafter referred to as the defendants - for convenience sake). The plaintiff claims himself to be owner in possession of the land entered in Khata No.26, Khatauni No.28, Khasra No.547/325 measuring 29 Kanals 18 marlas situate in village Darbsai, Tappa Ugialta, Tehsil and District Hamirpur. According to him, he has exchanged in the year 1977 his share of 9/598 out of the land in dispute with Puran Chand and mutation No.159 in this behalf was attested on 10.1.1978. According to him, the land remained joint. In partition proceedings Puran Chand got his share separated and sold the same to defendant No.1, Sarwan Singh. According to him, after partition no demarcation was carried out on the spot. The defendants started raising construction forcibly over the suit land, particularly on the western side of the suit land adjoining to the road. He requested the defendants not do so, but of no avail. It is in these circumstances, the plaintiff has filed the suit against the defendants.

(3.) REPLICATION was filed by the plaintiff. The learned trial court framed the issues. The suit of the plaintiff was decreed by the learned Sub Judge 1st Class (II), Hamirpur vide judgment dated 30.8.1994. Defendants No.1 and 2 preferred an appeal before the learned District Judge, Hamirpur.He allowed the same on 12.2.2002 and the judgment and decree passed by the learned Sub Judge 1st Class (II), Hamirpur, dated 30.8.1994 was set aside. Hence, this regular second appeal.