SUDESH KUMAR SON OF SHRI ACHHAR SINGH, CASTE RAJPUT, RESIDENT OF VILLAGE DEOLI Vs. RACHHPAL SINGH SON OF LATE SHRI GURDIT SINGH

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908. Concurrent findings of facts recorded by the Courts below have been assailed in the present appeal. Plaintiff's Civil Suit No. 88 of 1997 praying for relief of permanent injunction, filed on 2.4.1997 was dismissed by the Sub Judge Ist Class, Court No.1, Amb, in terms of judgment and decree dated 27.9.1999. The same stands affirmed in the plaintiff's Civil Appeal No. 157/99 in terms of judgment and decree dated 13.2.2002, titled as Sudesh Kumar vs. Gurdit Singh, passed by District Judge, Una. Appeal was admitted on the following substantial question of law: - 1. Whether the Courts below erred in appreciating the provisions of law applicable, pleadings of the parties and evidence adduced by them, thereby vitiating the impugned judgments and decrees.

(2.) PLAINTIFF Sudesh Kumar filed a suit for permanent injunction restraining Gurdit Singh (defendant) from interfering and raising construction over the suit land. According to plaintiff, he is owner in possession of the same.

(3.) BASED on the pleadings of the parties, trial Court framed the following issues: -