MANGAT RAM Vs. CHURA DUTT AND ANOTHER

JUDGEMENT

(1.) Defendant-appellant Mangat Ram has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 1.9.2004, passed by the learned District Judge, Kinnaur Ciovil Division at Rampur Bushahr, in Civil Appeal No.2 of 1998, titled as Chura Dutt and another versus Mangat Ram, whereby judgment and decree dated 28.11.1997, passed by the Sub Judge 1st Class, Rampur, in Civil Suit No.126-1 of 1994, titled as Chura Dutt and another versus Mangat Ram, stands reversed.

(2.) Plaintiffs Chura Dutt and Shiv Ram (respondents herein) filed a suit for permanent prohibitory injunction, restraining defendant Mangat Ram (appellant herein) from raising construction over Khasra No.386, Khata/Khatoni No.11/42 min, situate at Rampur, District Shimla, H.P., pleading that the defendant had encroached upon their land.

(3.) On the pleadings of the parties, trial Court framed the following issues: