BIDHI CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The plaintiffs/appellants instituted a Civil Suit bearing No. 145 of 1993 before the learned Senior Sub Judge, Hamirpur. In the afore drawn suit, the plaintiffs claimed, for a decree of permanent prohibitory injunction being pronounced against the defendants, and, vis -vis, the suit khasra numbers. The afore Civil Suit became decreed by the learned trial Court. However, the decreeing of the plaintiffs' suit, by the learned trial Court, was made subject to the plaintiffs becoming evicted from the suit land, in accordance with law.

(2.) The aggrieved defendant No.1/respondent herein carried there-against Civil Appeal No. 184 of 1998 before the learned District Judge, Hamirpur. Moreover the aggrieved plaintiffs also within the afore Civil Appeal preferred cross-objections No. 04 of 1999. Both the Civil Appeal and Cross-objections (supra) became cumulatively decided through a common verdict made thereons on 6/5/2004. Through the afore made verdict, the learned District Judge rejected the cross-objections, and, partly allowed the appeal of the aggrieved defendant to the extent, that the plaintiffs and proforma defendant No.2, being made amenable for eviction from the suit land, through recoursings by the defendant of the procedure constituted under law.

(3.) The plaintiffs become aggrieved from the verdict recorded by the learned first appellate Court, and, are led to institute there-against the instant appeal before this Court.