JAGAT RAM Vs. NIRMALA DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 30.5.2002 rendered by the learned Additional District Judge, Sirmaur District at Nahan in Civil Appeal No.11-N/13 of 2002.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that appellant-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit for permanent injunction against the respondent-defendant (hereinafter referred to as the 'defendant' for convenience sake). According to the plaintiff, he is co-owner and in joint possession of the suit land comprised in Khewat Khatauni No. 25 min/37 min, Khasra No. 11, measuring 12-19 bighas situated at village Amrion Bakarala, Tehsil Nahan, H.P. Defendant is stranger to the suit land and she has no right, title and interest over the same. She with the help of her relatives and labourers started digging the suit land on 14.4.2001 with the intent to construct a path over the suit land forcibly. She was requested not to do so. However, she did not pay any heed. It is in these circumstances, suit was filed by the plaintiff.

(3.) LEARNED Senior Sub Judge framed the issues on 25.7.2001. He decreed the suit on 10.12.2001. Defendant preferred an appeal before the learned Additional District Judge, Sirmaur at Nahan. He allowed the same on 30.5.2002. Hence, the present Regular Second Appeal. It was admitted on the following substantial questions of law: