NARENDER PAL Vs. SOHAN LAL

JUDGEMENT

(1.) Invoking provisions of Article 227 of the Constitution of India, defendant-petitioner (hereinafter 'defendant') has approached this Court against impugned judgment dtd. 31/8/2020, passed by District Judge, Solan, District Solan, Himachal Pradesh, in Civil Misc. Appeal No.11-S/14 of 2020, titled as Narender Pal v. Sohan Lal, whereby the Appellate Court has affirmed the order dtd. 29/6/2020, passed by Civil Judge, Court No.2, Solan, Himachal Pradesh, in CMA no.117-6 of 2020, titled as Sohan Lal v. Narender Pal, directing the parties to maintain status quo qua nature possession and character of the suit land, comprised in Khata/Khatauni No.132min/189min Khasra No.243, measuring 4 biswas, situate in Mauza Anech Hadbast No.69/819, Tehsil and District Solan, Himachal Pradesh.

(2.) I have heard learned counsel for the parties and have also gone through the material placed before me.

(3.) Admitted facts in present case are that nature of the suit land, described above, is Abadi Deh, which is owned and possessed by the plaintiff-respondent (hereinafter 'plaintiff"), defendant, their two other brothers and a sister. Families of plaintiff, defendant and two other brothers are residing in a building constructed on the suit land. All four brothers are occupying separate portions of the building. Defendant is in occupation of constructed portion in the ground floor, lintel whereof is vacant. Portion occupied by the plaintiff is on the first and second floor and lintel of the portion occupied by the defendant is in front of the constructed area of first floor in occupation of plaintiff.