STATE OF HIMACHAL PRADESH Vs. B N BATTA

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellants/defendants under Section 100 C.P.C against the judgment and decree of the Court of learned District Judge, Solan, dated 1.11.2004 vide which he had set-aside the findings of learned trial Court dismissing the suit of the plaintiff for mandatory injunction and allowed the appeal and granted the relief of mandatory injunction in favour of the respondents.

(2.) BRIEFLY stated the facts of the case are that the respondents (hereinafter referred to as the plaintiffs) filed a suit for mandatory injunction as against the appellants (hereinafter referred to as the defendants). The plaintiff pleaded that he is owner in possession of the land comprising khasra Numbers 853/56 and 895/57 measuring 199 sq. meters situated in mauja Jawahar Park Solan. The plaintiff has Whether the reporters of Local Papers may be allowed to see the Judgment? pleaded that the defendants unauthorizedly and without his consent had laid down two big size and two medium size pipes across the suit land which was purchased for construction of house but because of laying down these pipes by the defendants, the entire plot become useless for construction of the house. The plaintiff entered into the correspondence with the defendants for removal of the pipes and thereafter filed a suit for mandatory injunction after issuing a notice under Section 80 C.P.C.

(3.) ON the pleadings of the parties, following issues were framed by the learned trial Court :-