GURDEV CHAND Vs. KANTA

JUDGEMENT

(1.) This petition arises out of the orders of the learned Sub Judge 1st Class, Dehra dated 8th September, 1999.

(2.) It appears, the respondent herein, was restrained from interfering with the land comprised in Khasra Nos. 459, 460, 461, except Khasra No. 506/1 (Old), measuring 3 Marias in village Haripur, in Tehsil Dehra of District Kangra by a judgment and decree of the learned Sub Judge, Dehra dated 26th June, 1986 in Civil Suit No. 262/82. The predecessor -in -interest of the petitioner, Shakuntala decree -holder, filed an application under Order 21 Rule 32 of the Code of Civil Procedure for the enforcement of the decree alleging that respondent has raised a Danga in Khasra No. 461 and has raised fence beyond 3 marlas of the land comprising in Khasra No. 506/1 in violation to the decree in her favour.

(3.) Respondent defended himself by saying that the Danga and the fence were in existence in khasra No. 506/1 which was not subject of decree. Learned trial Court found that the dispute between the parties was whether Danga and fence were over a portion of Khasra No. 461 (earlier Khasra No. 506) or is on Khasra No. 506/1.