MASTU Vs. KABLI

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 30.10.2003 passed by learned District Judge, Chamba in Civil Appeal No. 43 of 2002 affirming judgment, decree dated 8.5.2002 passed by learned Senior Sub Judge, Chamba in Civil Suit No. 141/2001/95.

(2.) THE facts, in brief, are that respondent No.1 had filed a suit for declaration, possession and mandatory injunction against Mastu predecessor-in-interest of the appellants and respondent No.2 regarding the land situated in Mohal Lader, Pargana Himgiri, Tehsil Salooni, more specifically described in the plaint. THE case of respondent No.1 is that he and respondent No.2 are owners of the suit land which was given to Janti, the mother of the Mastu, predecessor-in-interest of the appellants by Alam father of respondent No.1 to make her both ends meet. After the death of Janti, the suit land was given to Mastu without any consideration for making her both ends meet. Mastu with malafide intention started raising construction over the suit land without consent and permission of respondents, who requested Mastu not to raise construction over the suit land and to return the suit land but without any response. In these circumstances, the suit was filed.

(3.) THE replication was filed. On the pleadings of the parties, the following issues were framed:-