PARMA NAND Vs. ARVIND DIWAN

JUDGEMENT

(1.) This appeal is directed against the orders of remand made by learned District Judge, Shimla dated 23.11.2001

(2.) In order to appreciate the controversy, few facts may be noticed:

(3.) Plaintiff -respondent Arvind Diwan is admittedly owner in possession of the land comprised in Khasra No. 674/1 measuring 5 biswas whereas plaintiff -respondent Smt. Kusum Diwan is owner in possession of the land comprised in Khasra No. 674/2 measuring 4 biswas. The land was purchased jointly by the plaintiffs from one Laxmi Singh by a registered sale deed on 11th September, 1990.The plaintiffs are constructing their residential houses on their respective lands and also living therein. The defendant is owner of the adjacent plot to the extent of half share which is comprised in Khasra No. 675 in Mauja Mehli, Tehsil and Distt. Shimla defendant has constructed his house on the front portion of Khasra No. 675 and is living in that house.