JAGAT RAM Vs. KARMI DEVI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 28.10.2005 rendered by the learned Additional District Judge, Fast Track Court, Hamirpur in Civil Appeal No.24 of 2001/ 230 of 2004.

(2.) Material facts necessary for the adjudication of this Regular Second Appeal are that the appellant-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit against the predecessor-in-interest of the respondents, namely, Tulsi Ram (hereinafter referred to as 'defendant' for convenience sake) for permanent prohibitory injunction with respect to suit land comprising Khata No.6 min, Khatoni No. 27 min, Khasra No. 1888 measuring 5 Marlas situated in Tikka Dain, Tappa Lohdar, Tehsil Barsar, District Hamirpur on the allegations that he is the co-owner in possession of the suit land. The defendant has no concern with the suit land. He has started digging the suit land with a view to raise construction of his Danga (retaining wall) on the same. He got the land demarcated in February, 1994. The boundary was fixed but the defendant has not cared for the boundary. The cause of action arose to the plaintiff in the 3rd week of June, 1995.

(3.) Defendant has filed written statement. He has pleaded that no digging was done, as alleged. The issues 3 were framed by the learned Sub Judge 1st Class, Barsar on 29.3.1996. Sub Judge 1st Class, Barsar decreed the suit for demarcation of the suit land. He further ordered that the boundaries of the disputed land be fixed in accordance with the demarcation report Ex.P-2. Defendant was restrained by a decree of perpetual injunction from interfering in the peaceful ownership and possession of the plaintiff over the suit land or raising construction in any manner whatsoever.