HANS RAJ Vs. SHARWAN KUMAR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 18.9.2010 rendered by the learned District Judge, Kangra at Dharamshala in Civil Appeal No. 17-G/XIII/2009 and cross-objections No. 39- G/XIII/2009.

(2.) Material facts necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as the plaintiff for convenience sake) filed a suit for permanent prohibitory and mandatory injunction against the appellant-defendant Hans Raj and Babu Ram in the court of Civil Judge (Junior Division), Court No.II, Dehra. According to the plaintiff, suit land comprising Khata No. 237, Khatauni No. 352, Khasra Nos. 1251 and 1264, kita 2, area 0-32-30 hectares, as per Jamabandi for the year 2001-2002 of Muhal Kado, Mauza Gangot, Tehsil Dehra, District Kangra, H.P. was recorded in the joint ownership and possession of the parties. Defendants are bent upon to occupy the suit land without the consent of plaintiff. They have engaged about ten persons for digging the suit land and are threatening to lay foundation and to raise construction on the suit land. Defendants were requested not to do so but to no avail. According to the plaintiff, his house would become unsafe in case the foundation of his house is disturbed. It is in these circumstances, the plaintiff has filed the suit for permanent prohibitory and mandatory injunction against the defendants.

(3.) Suit was contested by appellant-defendant No.1 Hans Raj. According to him, he has ⅓rd share in the suit land and the parties are having separate possession by way of mutual understanding since the time of their father. He was raising a toilet adjoining to his house and the same was not causing any loss or harm to the house of the plaintiff. The construction was completed in all respect before 4.11.2006.