TARA CHAND Vs. BASAKHU RAM

JUDGEMENT

(1.) THIS is a Regular Second Appeal filed by the appellant/plaintiff under Section 100 C.P.C. against the judgment and decree dated 30.11.2004 passed by the learned Additional District Judge, Mandi, vide which he set aside the judgment and decree of the Court of learned Sub Judge Ist Class, Court No. 3, Mandi, decreeing the suit of the plaintiff for mandatory injunction.

(2.) BRIEFLY stated, the facts of the case are that the appellant, hereinafter also referred to as the plaintiff filed a suit for permanent prohibitory and mandatory injunction in the alternative alleging that the plaintiff was in possession of the suit land comprised in Khasra No.86. It was alleged that the land is recorded in joint ownership of the plaintiff and other co -sharers. The defendants are strangers to the land, who started digging foundation of their house/shop on the north side of the land and while doing so, they also encroached upon the portion of the land of the plaintiff and others. The defendants were requested to admit the claim of the plaintiff, but they refused to admit the claim of the plaintiff. Hence, the suit for permanent prohibitory injunction and mandatory injunction filed by the plaintiff.

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