RAMESH CHAND Vs. OM RAJ

JUDGEMENT

(1.) These matters have been referred to the Larger Bench by the order of the Single Bench dtd. 19/12/2017 passed in two Regular Second Appeals, namely, RSA Nos.57 of 2017 and 381 of 2017.

(2.) RSA No.57 of 2017 is plaintiff 's appeal against the judgment and decree dtd. 16/9/2016 passed by the Additional District Judge (II) Kangra at Dharamshala who thereby set aside the judgment and decree passed by the Civil Judge(Senior Division), Court No.1, Dehra, District Kangra in the civil suit as well as counter claim decided on 28/9/2012, dismissing the suit filed by the plaintiff/appellant and decreeing the counter claim of the defendants/respondents. Further prayer has been made to set aside the judgment and decree passed by Additional District Judge and decree the suit of the appellant/plaintiff and dismiss the counter claim filed by the respondents/defendants. The plaintiff in this case filed a suit for permanent prohibitory injunction, in which the defendants/respondents filed a counter claim. Both, the suit and the counter claim, were tried together and were allowed in part by a common judgment. The plaintiff was held entitled to the relief of permanent prohibitory injunction against the defendants over a part of the land classified as 'gair-mumkin-abadi ' measuring 0/6/0 hectares, out of the total land measuring 0/10/91 hectares. The counter claim of the defendants was also partly allowed holding them entitled to the relief of permanent prohibitory injunction against the plaintiff, who was restrained from interfering over a portion of the land classified as 'banjar kadeem ' measuring 0/4/91 hectares.

(3.) RSA No.381 of 2017 is defendant 's appeal against the judgment and decree dtd. 31/5/2017 passed by the Additional District Judge, Ghumarwin, District Bilaspur affirming the judgment and decree dtd. 30/6/2016 passed by the Civil Judge (Junior Division) Court No.2, Ghumarwin, District Bilaspur, who thereby decreed the civil suit filed by the plaintiff/respondent for recovery of an amount of Rs.2,25,975.00 with interest at the rate of 15% per annum with quarterly rests from the date of filing of the suit till realization of the whole amount from the defendant and dismissed the counter claim for recovery of Rs.2,85,159.00 filed by the appellant/defendant against the plaintiff/respondent.