JAGDISH CHAND Vs. DHARAM CHAND

JUDGEMENT

(1.) BEING aggrieved by acceptance of their appeal only in part by the learned District Judge, Kangra at Dharamshala, H.P., vide judgment and decree dated 31.03.2011 in Civil Appeal No. 73-P/XIII-2009, titled Jagdish Chand and others Vs. Dharam Chand, the appellants, who were defendants in the learned trial court, are in Regular Second Appeal before this court.

(2.) THE suit for grant of a decree of perpetual prohibitory injunction filed by the respondent herein, being the plaintiff was decreed by the learned trial court, vide judgment and decree dated 25.05.2009 in Civil Suit No. 141/2004, titled Dharam Chand Vs. Jagdish Chand and others, vide the relief clause contained in para 22 of the judgment in the following terms:- "Relief 22. In view of my findings on the issue above, suit of the plaintiff succeeds and the same is hereby decreed with no order as to costs and the defendants are permanently restrained through permanent and prohibitory injunction from interfering in any manner, causing any obstruction in the construction work of the shop marked as BCDG and DCFI or taking forcible possession of any part of the suit property marked as ABFE in the sketch attached comprised in khata No.179 min, khatauni No. 293min, khasra Nos. 757 and 758 (Plots2) land measuring 0-01-67 hectares situated in Mohal and Mouja Bhawarna, Tehsil Palampur, District Kangra, H.P."

(3.) THUS, the findings returned by both the learned courts below in respect of a part of the suit land comprised of khasra No. 757/1, measuring 0-00-15 hectares and khasra No. 758/1, measuring 0-00-40 hectares, total land of both these khasra numbers measuring 0-00-55 hectares are concerned, the same are concurrent findings of fact. It shall be pertinent to notice at this stage that insofar as the remaining suit land is concerned, qua which the appeal filed by the defendants has been accepted and by natural corollary the plaintiff was non-suited to that extent, the plaintiff has not challenged the findings returned by the learned trial court.