BRIJ MOHAN SOOD Vs. PARSHOTAM SINGH AND ORS.

JUDGEMENT

(1.) THE present appeal has been preferred by defendant No. 2 against judgment and decree dated 5.7.2001 passed in Civil Appeal No. 35 -N/XIII/98 by learned Additional District Judge -II, Kangra at Dharamshala whereby affirming the judgment and decree dated 2.2.1998 passed by learned Sub Judge 1st Class (I), Nurpur, District Kangra, H.P. in Civil Suit No. 71/1992.

(2.) THE respondents/plaintiffs (hereinafter referred to as the 'plaintiffs') instituted a suit for possession by demolition of structure and tube well found on the suit land comprised in Khata No. 11, Khatauni No. 55, Khasra Nos. 198, 199, 200, plot 3, area measuring 0 -11 -34 H.M. situated in Mohal and Mauza Baan Attahrian, Tehsil Indora, District Kangra, H.P. (hereinafter referred to as the 'suit land'). It has been stated that the land previously was comprised in Khata No. 3 min, Khatauni No. 32, Khasra No. 13, measuring 8 kanals and was in the ownership of Smt. Chander Kanta wife of Kulbir Singh. It was under the cultivation of Bhim Singh and Prabhat Chand sons of Rasila. The suit land vested in Bhim Singh and Prabhat Chand in the year 1979 -80 when the settlement operation started. The defendant who was the owner of the adjacent land started pharmaceutical manufacturing work and encroached upon the suit land. He raised the illegal construction and that apart, dug a tube well without the knowledge and consent of the plaintiffs. Therefore, the suit for possession by way of demolition of structure and removal of the tube well was filed.

(3.) ON 10.5.1994, the learned trial Court framed the following issues: