CHANDERMANI Vs. KARAM SINGH

JUDGEMENT

(1.) THIS is a regular second appeal under Section 100 C.P.C filed by the appellants (hereinafter referred to as the 'plaintiffs') against the judgment and decree dated 25.11.2004 passed by the learned District Judge, Mandi vide which judgment and decree dated 17.1.2003 passed by the learned Civil Judge (Junior Division) Chachoit at Gohar, Distt. Mandi, decreeing the suit of the plaintiffs was set-aside and consequently the suit of the plaintiffs was dismissed.

(2.) BRIEFLY stated, the facts of the case are that the appellants (hereinafter referred to as the plaintiffs) filed a suit for damages and injunction alleging that the land comprised in khasra No.1115/949 and 1116/979, measuring 2-18-8 bigha was allotted to the plaintiff as Natour and in the year 1967, the possession was also delivered to him and since then the plaintiff is in possession of the suit land. It was further alleged that on 5.12.1997, defendants trespassed into the land of the plaintiff and committed mischief by cutting 30 apple trees which were of the age of more than 12 years. The matter was reported to the police and the land was found in possession of the ' plaintiff and thus the plaintiff alleged that they suffered a loss of 25,000/- but, claimed damages amounting to Rs. 10,000/- only. The plaintiff also pleaded that since the defendants are interfe ring in his possession over the suit land the relief of injunction be also granted in favour of the plaintiff and as against the defendants.

(3.) PARTIES led their evidence and the learned trial Court vide its impugned judgment held that the plaintiff was only entitled to the relief of permanent injunction and the relief of damages was not granted in favour of the plaintiff. The appeal filed by the defendant was allowed and the suit was consequently dismissed. Being aggrieved, the plaintiff has come up by way of second appeal.