SURESH KUMAR Vs. DURGA SINGH

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment and decree dtd. 14/8/2008, passed by learned District Judge, Mandi, Himachal Pradesh, in Civil Suit No. 12 of 2005, whereby the suit of the appellantshas been dismissed.

(2.) Parties herein are referred by the same status, as they held before the learned trial Court. The appellants were plaintiffs and the respondents were the defendants.

(3.) Plaintiffs filed suit for recovery of Rs.10,00,000.00 ascompensation on account of damage caused to their house, comprised inland bearing khata No. 178 min., khatauni No. 219 min, Khasra No. 1263/245, measuring 1/11/13 bighas, situated at mauja Nagwain, Tehsil Sadar, District Mandi, H.P. (Hereinafter referred to as suit property).As per averments made in the plaint, defendants were owners of land comprised in khata No. 227, khatauni No. 273, Khasra No. 1278/243, measuring 1/16/15 bighas in the same revenue village. In fact, the suit property and land of defendants were contiguous, having common boundary.