SARWAN SINGH Vs. CHANAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 31.12.2001 rendered by the learned Additional District Judge, Sirmaur at Nahan in Civil Appeal No. 40 -N/13 of 2001/2000 and in Cross -Objections No. 41 -N/13 of 2000.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that Appellant -Plaintiff (hereinafter referred to as 'Plaintiff ' for convenience sake) instituted a suit for permanent prohibitory injunction against the Respondents -Defendants (hereinafter referred to as 'Defendants ' for convenience sake) on the ground that he was exclusive owner in possession of the land comprised in Khasra No. 201/91, Khata Khatauni No. 5 min/14 measuring 6 -7 bighas vide jamabandi for the year 1991 -92. He has purchased the land from Sh. Gian Singh vide registered sale deed dated 16.6.1994. The land of the Defendants was adjoining to the suit land and they often trespass into the suit land by removing fence put up by the Plaintiff around the suit land. The Defendants had openly threatened the Plaintiff that they would dispossess him from the suit land forcibly. It is in these circumstances that the suit was filed by the Plaintiff.

(3.) THE Plaintiff filed reply to the counter claim. Trial Court dismissed the suit as well as counter claim on 21.12.1999. The Plaintiff filed appeal bearing Civil Appeal No. 40 -N/13 of 2001/2000 assailing the judgment dated 21.12.1999 whereby the suit preferred by him was dismissed. The Defendants also filed cross -objections bearing No. 41 -N/13 of 2000 against the judgment dated 21.12.1999. The learned Additional District Judge, Sirmaur dismissed Civil Appeal No. 40 -N/13 of 2001/2000, however, he has partly decreed the counter -claim and the Plaintiff was permanently restrained from obstructing the Defendants from using the 'douls (ridges) of the suit land as passage to their land comprised in Khasra No. 103. It is in these circumstances that the Plaintiff has filed the present Regular Second Appeal against the judgment and decree dated 31.12.2001 rendered in Civil Appeal No. 40 -N/13 of 2001/2000 and in Cross -Objections No. 41 -N/13 of 2000. It was admitted on the following substantial questions of law: