GAUTAM LAL Vs. ASAL MANI

JUDGEMENT

(1.) THE appellants are the defendants, who are aggrieved by the judgment and decree dated 13.5.2002 passed by learned Additional District Judge, Shimla, Circuit Court at Rohru, in Civil Appeal No. 42 -S/13 of 2001 whereby he reversed the judgment and decree dated 5.1.2001 passed by learned Sub Judge 1st Class, Court No. 1, Rohru, District Shimla, H.P. in C. Suit No. 104 -1 of 1999/24 -1 of 1999.

(2.) THE facts, in brief, are that the predecessor -in -interest of the respondent/plaintiff Sh. Ram Lal filed a suit for permanent prohibitory injunction restraining the defendant, his family members, labourers and agents from interfering in peaceful possession of the plaintiff over the land comprised in Khata Khatauni No. 25/90 min, Khasra No. 275/246 min, old and Khasra No. 650, new known as "Buri' situate in Chak Hingori, Tehsil Chirgaon, District Shimla, H.P. It is averred in the plaint that plaintiff is exclusive owner in possession of the suit land mentioned above and the defendant has no legal right, title or interest in the suit land. In fact, the land of the defendant is adjoining to the suit land and the defendant is encroaching upon the suit land and has also threatened to construct a house over the same resulting in filing of the present suit. The cause of action arose in the first week of March, 1999 when the defendant and his family members threatened to construct a house.

(3.) THE plaintiff filed the replication to the written statement filed by the defendant and reiterated all the allegations made in the plaint and denied those of the written statement.