NEELAM SOOD Vs. BHANUWATI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 25.8.2000, passed by learned District Judge, Kullu in civil appeal No. 50 of 1998/71 of 2000, dismissing thereby the appeal and confirmed the judgment and decree dated 2.4.1998, passed by learned Senior Sub Judge, Lahaul and Spiti at Kullu in Civil Suit No.156 of 1991.

(2.) The appeal has been admitted on the following substantial questions of law:

(3.) The bone of contention in the present lis is a small piece of land measuring 0-0-12 biswansis, part of the land entered in Khasra No.188, Khatta/Khatauni No.422/596, situated in Phati Dhalpur Kothi Maharaja, Tehsil and District Kullu, denoted by Khasra No.188/1 in the Tatima (spot map) prepared by Patwari Halqa. The appellant, hereinafter referred to as the plaintiff, has filed the suit for possession thereof. The demolition of the pillars allegedly erected thereon by defendant No.1 for the construction of stairs to his building. By way of decree of permanent prohibitory injunction, defendant No.1, Bhagwat Guru, predecessor-in-interest of present respondents 1(a) to 1(d), hereinafter referred to as the defendants was sought to be restrained from causing any sort of interference in the remaining land entered under Khasra No.188/2 measuring 0-5-8 biswa and also restraining the deceased defendant from raising further construction on the land bearing Khasra No.188/1 aforesaid allegedly encroached upon by him by erecting concrete pillars thereon.