SUMNA Vs. MUNSHI RAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.5.2001 passed by learned District Judge, Mandi in Civil Appeal No. 37/99(98) remanding the suit to the trial Court after setting aside judgment, decree dated 28.10.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 158 of 1991. The parties in the judgment are referred to as plaintiff and defendant. The plaintiff is appellant.

(2.) The facts in brief are that the plaintiff had filed a suit for permanent prohibitory injunction and possession against defendant regarding land comprised in khasra No.824/735, measuring 81 Sq. meters, situate in Mauja Paddal, more specifically described in the plaint with the averments that the defendant is having land adjacent to the suit land and started raising construction over the suit land without any right. The plaint was amended and a prayer for vacant possession after demolition of construction raised by defendant over the land comprised in khasra No.824/735/2 measuring 41.74 Sq. meters was also made.

(3.) The defendant contested the suit by filing written statement. He denied the claim of the plaintiff. According to defendant, he has raised construction over land owned by him prior to filing of the suit and after taking proper demarcation.