CHUNI LAL Vs. PAWAN KUMAR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 22.11.2004, passed by the learned Additional District Judge, Mandi, District Mandi, H.P. in Civil Appeal No. 34 of 1999.

(2.) Essential facts necessary for adjudication of this Regular Second Appeal, are that the appellant-plaintiff (hereinafter referred to as "the plaintiff" for the sake of convenience sake) had filed a suit for permanent prohibitory injunction against the respondents-defendants (hereinafter referred to as 'the defendants for the sake of convenience'). According to the plaintiff, he was owner in possession of the land comprised in Khasra No. 402 and part of Abadi deh comprised in Khasra No. 394. The plaintiff has given this land in exchange to the defendants and the defendants have given the suit land to the plaintiff vide written compromise, dated 30.12.1994, Ex.-PA. This document was signed by both the parties in the presence of Pradhan, Gram Panchayat Har Gumain and other respectable persons of the locality. On the basis of the compromise deed, two complaints were withdrawn and the possession of the suit land was delivered to the plaintiff, over which he has raised a stone wall. The defendants were now trying to demolish the Wall and they have started interfering in the suit land despite the request of the plaintiff not to do so. It is in these circumstances, the plaintiff has filed the suit.

(3.) The written statement was filed on behalf of the defendants. The defendants have denied that the suit land was given in exchange to the plaintiff by them. It is also denied that the plaintiff has ever constructed any Wall over the suit land.