CHET RAM Vs. ISHWARI DASS SHARMA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 12.8.2002 passed by learned Additional District Judge, Shimla Circuit Court at Rohru in Civil Appeal No. 65 -s/13 of 2001 whereby he affirmed the judgment, decree dated 28.2.2001 passed by learned Sub Judge Ist Class, Court No. 2, Rohru in Civil Suit No. 124 -1 of 1996/137 -1 of 1998.

(2.) THE appellant i.e. plaintiff had filed a suit for permanent prohibitory injunction, restraining the respondents/defendants No. 1 to 4 from interfering over the land comprised in khata khatoni No. 19/30 min, khasra No. Sabik 97 min and 490, 491 hall, situate in Chak Parsa, Tehsil Rohru, Distt. Shimla by way of cutting trees, creating path and committing mischief to the suit land in any manner. It was also averred that the plaintiff/appellant was the son of defendant No. 8 Hari Saran who alongwith defendants No. 5 to 7 was recorded in possession of the suit land. It was alleged that the defendant No. 8 infact was exclusive owner of the suit land on the basis of family partition which took place long back amongst the defendants No. 5 to 8. The suit land had fallen in the share of defendant No. 1, when defendant No. 8 later on separated his sons including plaintiff in the year 1992.

(3.) IT was also averred that the defendant with the passage of time constructed a house over the government land and had demolished the old path and had fixed boundaries with the land of the plaintiff/appellant. In fact the defendant wanted to carve out a new path from the suit land and there existed no path in the past. The defendants few days prior to filing of the suit had cut and remove one Kail tree from the suit land without the consent of the plaintiff/appellant. Hence, the suit was filed for permanent prohibitory injunction.