MOHAN LAL Vs. DHAYAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment & decree passed by learned Additional District Judge (CBI) HP Circuit Court Theog in Civil Appeal No. 2 -T/13 of 2014 dated 31.7.2014.

(2.) KEY facts necessary for the adjudication of the present appeal are that the plaintiff/ appellant (herein after referred to as 'plaintiff' for convenience sake) have filed a civil suit against the defendants/respondents (herein after referred to as 'defendants' for convenience sake) for permanent prohibitory injunction restraining the defendants from causing interference in land comprised in Khewat No. 36 min Khatuni No. 117 Khasra No. 778 situate in Mohal Kalinda Tehsil Theog, District Shimla.

(3.) SUIT was contested by the defendants. Defendants admitted to be owners of adjoining Khasra No. 777 which adjoins the suit land. They have denied that they have interfered in the suit land. According to them, suit land comprised of Khasra No. 778 was previously part of Khasra No. 294. Boundaries of Khasra No. 294 abuts Khasra No. 289, 295, 293, 297 and 301. Plaintiff is not owner of suit land. It is averred that plaintiff in collusion with the settlement staff tried to change the existing old boundaries between the above referred numbers. Defendants have filed application for correction of the dimensions of Khasra numbers during settlement. Issues were framed by the learned Civil Judge (Senior Division) on 3.10.2012. He dismissed the suit on 29.11.2013. Plaintiffs filed appeal before Additional District Judge, who also dismissed the same on 31.7.2014. Hence, this appeal.