KALU RAM AND ORS. Vs. PRITAM CHAND

JUDGEMENT

(1.) THIS petition is instituted against the order dated 8.7.2013, rendered by learned Addl. District Judge, Sirmaur District at Nahan in Civil Misc. Appeal No. 2 -N/14 of 2013.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioners -plaintiffs (herein after referred to as 'plaintiffs' for convenience sake) have instituted a suit against the respondent -defendant -Pritam Chand (herein after referred to as 'defendant' for convenience sake) seeking a decree of declaration that they are co -owners in possession of the half share of the land i.e. 0 -15 Bigha and the land comprised in Khata Khatauni No. 1/38 khasra No. 39, measuring 1 -10 Bigha situate in Mauza Ghunglon, Tehsil Paonta Sahib, District Sirmaur, Himachal Pradesh by virtue of H.P. Tenancy and Land Reforms Act, 1972 and the revenue entries showing the State Government as owner in possession are wrong, illegal and are not as per actual position on the spot. In the alternative, plaintiffs have prayed for a decree of declaration to the effect that they have become owners of the suit land by way of adverse possession alongwith consequential relief of permanent prohibitory injunction restraining defendant Pritam Chand from interfering and dispossessing the plaintiffs from the suit land in any manner whatsoever, from the half share of the plaintiffs.

(3.) PLAINTIFFS have moved an application under Order 39 Rules 1 and 2 read with section 151 of the Civil Procedure Code in Civil Suit No. 146/1 of 2009 seeking ex -parte ad -interim injunction restraining defendant Pritam Chand from dispossessing, interfering or blocking the path of the plaintiffs by raising construction on the half share of the plaintiffs on the land comprised in Khata Khatauni No. 1/38 khasra No. 39 measuring 1 -10 Bigha situate in Mauza Ghunglon, Tehsil Paonta Sahib, District Sirmaur, Himachal Pradesh.