UDAY RAM Vs. GEETA RAM

JUDGEMENT

(1.) PLAINTIFF -appellant Uday Ram (hereinafter referred to as the plaintiff) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 21.7.2012, passed by the learned Additional District Judge, Sirmaur District at Nahan, in Civil Appeal No. 9 -N/13 of 2011, titled as Uday Ram versus Tota Ram and others,, whereby judgment and decree dated 21.10.2011, passed by the Civil Judge (Junior Division), Court No. 2, Paonta Sahib, District Sirmaur, in Civil Suit No. 148/1 of 2008, titled as Uday Ram versus Tota Ram and others, stands affirmed. Plaintiff filed the suit, claiming himself to be owner in possession of the land comprising Khata Khatauni No. 336 min/1030 min, Khasra No. 4039/3662 min, measuring 0.9 bighas, and Khata Khatauni No. 245 min/822 min, Khasra No. 3660/625, measuring 1 -5 bighas, situated in Mauza Kando Dugana, Patti Dugana, Sub -Tehsil Kamrao, District Sirmaur, Himachal Pradesh.

(2.) SIGNIFICANTLY , with regard to 0.9 bigha of land, plaintiff had filed independent suit, which stands dismissed by the Courts below and such judgments and decrees stand affirmed by this Court. With regard to 1 -5 bighas of land, plaintiff claims himself to be owner in possession. Apprehending threat from the defendants -respondents (hereinafter referred to as the defendants), plaintiff filed suit for permanent prohibitory injunction.

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