OM PARKASH Vs. KULBHUSHAN

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree, dated 04.08.2008, passed by the learned District Judge, Kangra at Dharamshala, in Civil Appeal No. 38- P/XIII-2000.

(2.) 'Key facts' necessary for adjudication of this Regular Second Appeal are that the respondents-plaintiffs (hereinafter referred to as "the plaintiffs" for the sake of convenience) has filed a suit for permanent prohibitory injunction against the predecessor-in-interest of the appellants-defendants, namely, Saran Dass (hereinafter referred to as "the defendant" for the sake of convenience), on the allegations that the plaintiffs and other co- sharers had been joint owners in possession of the land described in Khata/Khatauni No. 65/209, Khasra No. 624, measuring 0-05- 39 hectares, situated in revenue estate and Mouza Rajpur, Tehsil Palampur. The defendant has no right, title or interest in the suit land. There was village common land adjacent to the suit land. The defendant has been allotted a piece of village common land. He occupied the land allotted to him and started interfering with the ownership and possession of the suit land. The defendant wanted to encroach upon the suit land. He requested not to do so. It is in these circumstances, the plaintiffs have filed the suit.

(3.) THE replication was filed by the plaintiff. The learned Sub Judge, 1st Class-II, Palampur, District Kangra, H.P. framed the issues on 08.12.1993 and additional issues on 09.01.1997. The suit of the plaintiffs for permanent prohibitory injunction was dismissed. However, the suit for joint possession qua Khata No. 65, Khatauni No. 209, Khasra No. 624, land measuring 0-05-39 hectares, situated in Mohal Rajpur, Tehsil Palampur, District Kangra (H.P.), was decreed in favour of the plaintiffs and against the defendant. The defendant preferred an appeal before the learned District Judge, Kangra at Dharamshala. The same was dismissed by the learned District Judge on 04.08.2008. Hence, this Regular Second Appeal.