LAWS(HPH)-1993-6-19

ALI MOHAMMAD Vs. STATE OF H.P.

Decided On June 26, 1993
ALI MOHAMMAD Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This appeal was admitted on the following question of law : "Whether in the facts and circumstances of the case the learned District Judge was justified in dismissing the appeal summarily without notice to the respondents."

(2.) At the very out -set learned Counsel for the appellant stated that he may also be permitted to agitate another question of law arising for determination namely : "Whether the plaintiff who was in settled possession of a part of the suit property ought have been granted decree for injunction that his possession be not disturbed otherwise than in due course of law."

(3.) On 27th April, 1988 a suit was filed by the plaintiff -appellant against the defendants -respondents wherein a decree for permanent prohibitory injunction was claimed against the defendants from interfering in any manner or carving out or laying out or constructing any road inland measuring 37 Kanals 8 Marlas comprised in Khasra No. 934 and land measuring 7 Kanals I Marla comprised in Khasra Nos. 978, 985 and 986 as per Jamabandi for the year 1982 -83 situate in village Kuthera Jaswalan in Tehsil Amb of District Una. It was alleged that the plaintiff alongwith his brother owned and possessed the suit property over which his Abadi was also located but the defendants at the behest of certain interpreted persons wanted usurp the property for which purpose the defendants were preparing to change the alignment of the road by constructing the same through his property for which, it was alleged, that the defendants had no right. Consequently, a decree for injunction was claimed.