SANTOSH SINGH Vs. PURAN SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 23.6.2011 rendered by the learned District Judge, Hamirpur in Civil Appeal No. 222 of 2008.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as `plaintiff' for convenience sake) filed a suit for fixing boundaries by way of demarcation. According to the plaintiff, he is in possession of the land comprised in Khata No. 56 min, khatauni No. 57 min, Khasra Nos. 721, 722, 729, 736, 738 and 739 measuring 0-09-67 hectares, situated in Up Mahal Tillu (1), Mauza Jalari, Tehsil Nadaun, District Hamirpur, H.P. according to the jamabandi for the year 1996-97. Land of the plaintiff abuts the land of appellant-defendant (hereinafter referred to as `defendant' for convenience sake). Defendant, without having any right, title and interest in the suit land, threatened to dispossess the plaintiff from the same and felled trees from the suit land. In the last week of January, 1999, defendant started digging the suit land and collecting construction material thereon for raising construction. There was a boundary dispute between the parties, which could be resolved by demarcation. Plaintiff requested the defendant to desist from the illegal acts, but to no avail. It is in these circumstances, plaintiff has filed suit for fixing boundaries by demarcation of the suit land by some competent revenue officer with consequential relief of permanent prohibitory injunction and in the alternative for possession by demolition of construction, if any raised, during the pendency of the suit.

(3.) ISSUES were framed by the learned Civil Judge (Junior Division) on 23.1.2003. Suit of the plaintiff was partly decreed by the learned Civil Judge (Junior Division) on 12.11.2008. Defendant preferred an appeal before the learned District Judge, Hamirpur. He dismissed the same on 23.6.2011. Hence, the present Regular Second Appeal.