MEHAR CHAND SON OF SANT RAM, RESIDENT OF BHOJPUR, SUNDERNAGAR, DISTRICT MANDI, HIMACHAL PRADESH Vs. BHADAR SON OF SH. SHANKAR, RESIDENT OF CHOWK, TEHSIL SUNDERNAGAR, DISTRICT MANDI, HIMACHAL PRADESH

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 1.11.1999 passed by the learned Additional District Judge, Mandi, vide which he had reversed the judgment and decree dated 17.3.1994 passed by the learned Sub Judge, Sundernagar, decreeing the suit of the plaintiff for permanent prohibitory injunction. Briefly stated, the facts of the case are that the appellant hereinafter referred to as the plaintiff filed a suit for declaration with consequential relief of injunction. It was alleged by the plaintiff that the land measuring 0 -9 -10 Bigha comprised in Khasra No. 66 was purchased by him vide registered sale deed dated 20.1.1981 from one Shri Lesar. The land is abutting National Highway No. 21. It was alleged that prior to the sale of the suit land, the vendor Shri Lesar was in exclusive possession and after sale, the possession was delivered to the plaintiff. It was further alleged that during the consolidation operation behind the back of the plaintiff, the defendant got his name entered qua the suit land in collusion with the consolidation staff. It was further alleged that the defendant without any right, title and interest and on the basis of wrong revenue entries started laying foundation over the suit land since 7.2.1990. The plaintiff asked the defendant not to undertake the construction, but he did not agree. Hence, the suit for declaration and injunction filed by the plaintiff.

(2.) DURING the pendency of the case, the plaintiff abandoned the relief of declaration since the consolidation authorities had made the correction in his favour and he confined the relief claimed by him for injunction only and for possession in case the plaintiff succeeds to raise any construction over the suit land.

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