RAM GOPAL Vs. BRIJ LAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 28/3/2009, passed by learned Additional District Judge, Una, vide which the appeal filed by respondents (defendants before learned Trial Court) was allowed. (Parties shall hereinafter referred to in the similar manner in which they were arrayed before learned Trial court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court for seeking permanent prohibitory injunction for restraining the defendants from raising any construction or encroaching upon the portion ABCD shown in the site plan (Ex.PW-4/A), situated in Abadi Deh and part of Khasra No.-3350, situated in Village Saloh, Tehsil and District Una as entered in the Jamabandi for the year 1982-83, (hereinafter referred to as the suit land). The relief of possession of removing the superstructure raised, if any, raised during the pendency of the suit was also sought. It was pleaded that plaintiffs are the co-owners in possession of the houses shown in green colour denoted by the letters KGHBCDJI in the site plan (Ex.PW-4/A). Portion GHBCDJM is a courtyard within the Abadi Deh. The defendants have no right, title or interest over the same. A plot of the defendants exists towards the Eastern side of the Abadi denoted by the letters BEFC. The defendants are threatening to raise construction over the courtyard of the plaintiffs depicted by the letters ABCD. The plaintiffs requested the defendants not to do so but in vain. Hence, the suit was filed to seek the reliefs mentioned above.

(3.) The suit was opposed by filing a written statement denying the contents of the plaint. However, it was admitted that the plaintiffs are owners of Abadi. The correctness of the site plan filed by the plaintiffs was disputed. It was asserted that a passage separates the abadi of the parties. The defendants' plot comprised of portion ABCD and BCFE shown by the plaintiffs in their site plan. The suit was filed without any basis; hence, it was prayed that the suit be dismissed.