BABU RAM AND OTHERS Vs. BHIM SAIN

JUDGEMENT

(1.) The dismissal of the suit of the appellants by the two Courts below has been assailed by them in the present appeal.

(2.) The facts, in brief, are that the appellants have filed a suit for permanent prohibitory and mandatory injunctions. The pleaded case of appellants is that the land comprised in Khasra Nos.115, 116, 117, 118 and 124 as per Misal Hakiyat is recorded in possession of Surinder Singh. Kedar Nath, father of appellant No.1 filed an application being case No. 2/96 before the Assistant Collector (Urban), Shimla which was allowed. Smt. Kamla Devi wife of appellant No.1 succeeded to the estate of Kedar Nath on the basis of Will. Smt. Kamla Devi died on 19.4.1998 and appellants being husband and children of Smt. Kamla Devi have succeeded her.

(3.) The Khasra Nos. 115, 116, 117, 118 and 124 (hereinafter referred to as the suit land) are in the shape of compound and residential house where the appellants are residing. The cow-sheds and courtyard of the appellants are also located there. The adjoining land comprised in Khasra Nos. 119 and 120 is entered in the name of the respondent. The respondent has no right, title or interest over the suit land. The respondent in order to grab the suit land is trying to extend the construction over the suit land by use of force. In these circumstances, the appellants have filed the suit.