DHARAM CHAND Vs. SURESH KUMAR AND OTHERS

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 22.12.2012 rendered by the District Judge, Kangra at Dharamshala in Civil Appeal No. 20 -B/XIII/2012. "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 against the respondents -defendants (hereinafter referred to as the "defendants" for convenience sake) seeking relief of permanent injunction and also for restraining the defendants from changing the nature of the land comprised in Khata No. 185, Khatauni No. 318, Khasra Nos. 1239/245, 1243/245, 246, 247 kitas 5 measuring 00 -19 -30 hectares situated in Mohal Kotli, Mauja Bir, Tehsil Baijnath, District Kangra. According to the plaintiff, the best and valuable part of the suit land has been utilized by defendants No. 1 to 3 without getting the same partitioned. He has also prayed for mandatory injunction directing the defendants to restore the suit land.

(2.) ACCORDING to the defendants they have raised construction upto the plinth level but the same was stopped since the plaintiff and his brother have blocked the path, which was existing for the last 40 years. According to them, no fresh construction was raised.

(3.) MR . Anshul Attri learned vice counsel for the appellant, on the basis of the substantial questions of law framed, has vehemently argued that both the courts below have misread and misinterpreted the oral as well as documentary evidence led by the parties.