SITA RAM SHARMA Vs. DURGA DASS

JUDGEMENT

(1.) THIS judgment shall dispose of R.S.A.No.130 of 2001 and Cross-Objections No.234 of 2001. The appeal is directed against judgment, decree dated 30.11.2000 passed by learned Additional District Judge, Mandi, in Civil Appeal No.66 of 1996, affirming judgment, decree dated 31.05.1996 passed by learned Sub Judge Ist Class, Sundernagar, in Civil Suit No. 93 of 1992.

(2.) THE respondents No.1 to 3 had filed suit for permanent prohibitory and mandatory injunction against Sita Ram, predecessor- in-interest, of the appellants. The respondent No.5 was defendant No.2 and respondent No.4 was proforma defendant No.3 in the suit. In the appeal, Cross-Objections No.234 of 2001 have been filed by respondents No.1 to 4.

(3.) THE defendants No.1 and 2 contested the suit by filing written statement. They have taken preliminary objections of cause of action, jurisdiction, valuation, maintainability and estoppel. On merits, it has been denied that plaintiffs are owners of the suit land. The 'Sajra-Musavi-Kistwar' prepared during the course of settlement is wrong. The area has not been converted correctly with the result that area has been reduced. It has been denied that the construction was started on 17.05.1992. The construction was started in the year 1988. The tatima pr epared by Patwari halqua is wrong. The Patwari is not competent to demarcate the land. The remaining claim of the plaintiffs was denied.