KAUSHALYA AND ORS. Vs. AJMER

JUDGEMENT

(1.) THIS appeal has been directed against the judgment, decree dated 17.11.2001 passed by learned Additional District Judge, Solan, camp at Nalagarh in Civil Appeal No. 23 -NL/13 of 2000 modifying judgment, decree dated 14.12.1999 passed by learned Sub Judge, Nalagarh, District Solan, in Civil Suit No. 167/1 of 1996.

(2.) THE facts, in brief, are that Ram Kishan, predecessor, of the Appellants had filed a suit for permanent prohibitory injunction, mandatory injunction and possession against Respondent regarding land comprised in Khasra No. 164, measuring 1 bigha 11 biswas, situated in village Rakh Ram Singh, Tehsil Nalagarh, on the ground that he is owner in possession of the suit land. The Respondent encroached 2 biswas of suit land and has threatened to raise the construction thereon. The Respondent is not handing over the possession despite requests.

(3.) ON the pleadings of the parties, the following issues were framed: