PARAS RAM Vs. KARAM CHAND

JUDGEMENT

(1.) THE defendants are the appellants and have come up in appeal against concurrent findings recorded against them by the learned Courts below.

(2.) THE facts as necessary for the adjudication of the case are that the respondents/plaintiffs alongwith some other co -sharers alleged themselves to be the owners in possession of the landed property comprised in Khata/Khatauni No. 1 min, Khasra Nos. 23, 31, 47 and 48 kitas 4 measuring 22 bighas 3 biswas situated in Mauja Dhaula Kalan, Pargana Lachdang, Tehsil Kasauli, District Solan, H.P. as per jamabandi for the year 1986 -87. It was pleaded that the defendants/appellants have no right, title or interest in and over the land. It was pleaded that the defendants are mischievous persons who used to cause damage to crop and grass on the suit land by way of letting loose their cattle and also cutting grass behind the back of the plaintiffs and other co -sharers wrongly, illegally and without the consent of the plaintiffs or any other co -sharers. The defendants were requested number of times not to cause interference or damage to the crop or grass and the plants standing on the suit land. The defendants are giving threats to cause interference and cause damage to the crops belonging to the plaintiffs standing on the suit land. On dated 20.8.92 the defendants cut grass in the suit land forcibly and also caused damage to the crop and grass by their cattle as they let -loose them with the intention to cause damage and interference in the physical possession of the plaintiffs. The defendants were requested to desist from such activities but the defendants gave threats to cause damage and caused interference in future. It was further pleaded that in case the defendants were not restrained from their illegal acts in that case the plaintiffs would suffer irreparable loss for which money compensation would not be an adequate relief and prayer for the decree of the suit was sought before the learned trial Court.

(3.) ON the pleadings of the parties, the learned trial Court on 7.10.1993 framed the following issues: