MOHAN SINGH Vs. KEWAL RAM

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 Code of Civil Procedure has been filed by the Appellant/Defendant against the judgment and decree of the Court of learned District Judge, Sirmour, dated 11.4.2000, vide which he had affirmed the judgment and decree passed by the learned Sub Judge, Rajgarh, dated 11.11.1999, decreeing the suit of the Respondent for permanent prohibitory injunction in his favour and as against the Appellant.

(2.) Briefly stated, the fact of the case are that the Respondent as Plaintiff filed a suit for permanent prohibitory injunction as against the Appellant hereinafter referred to as Defendant No. 1 and as against Respondent No. 2 who was impleaded as Defendant No. 2 and against one Gurdial Singh.

(3.) Briefly stated, the facts of the case as alleged by the Plaintiff are that he is exclusive owner in possession of the land comprised in Khasra Numbers 1372/1102/442/2 and 1376/1105/443/2, measuring 17.06 Bighas. He alleged that in the last week of July, 1997, the Defendants damaged crop of the Plaintiff as well as grass of the Plaintiff by letting loose their cattle in the suit land on 31.7.1997. It was alleged that the Defendants are openly threatening to dispossess the Plaintiff from the suit land, for which a report was also lodged with the police. Hence, the suit for injunction filed by the Plaintiff.