PREM LAL Vs. SUKH RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 31.3.2012 passed by the Additional District Judge, Ghumarwin, District Bilaspur, camp at Bilaspur in Civil Appeal No. 43/13 of 2010.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that respondents -plaintiffs (hereinafter referred to as "plaintiffs" for convenience sake) filed a suit for permanent injunction/possession initially against Prabhu Ram, Jagdish, Prem Lal and Jai Dei (hereinafter referred to as 'defendants' for convenience sake) (Prabhu Ram and Jai Dei died during the course of the trial and their names were deleted) and against the proforma defendant Bagshi Ram. According to the plaintiffs, they and proforma defendant Bagshi Ram were joint owners in possession of land measuring 10 -13 bighas, comprised in Khasra No.249/22 min, Khata Khatoni No. 73 min/95, situated in village Bahlu Kharyala, Pargana Tiun, Tehsil Ghumarwin, District Bilaspur, H.P. Contesting defendants were strangers to the same and have no right herein but on 25.6.2002, defendants collectively came to suit land and started digging Gair Mumkin Rasta through the suit land. Plaintiffs objected to it. Defendants threatened to dispossess them and to raise construction.

(3.) ISSUES were framed by the Civil Judge (Junior Division), Court No.2, Ghumarwin on 7.11.2007. She decreed the suit on 19.4.2010. Defendants Jagdish and Prem Lal preferred an appeal against the judgment and decree dated 19.4.2010 before the Additional District Judge, Ghumarwin. He dismissed the appeal on 31.3.2012. Hence, the present appeal by one of the defendants Prem Lal. Legal heirs of defendant Jagdish have been arrayed as proforma respondents alongwith Bagshi Ram.