KAMLA Vs. NANAK CHAND

JUDGEMENT

(1.) THIS regular second appeal stands filed under Section 100 of the Code of Civil Procedure. Concurrent findings of fact are challenged by the defendants.

(2.) BASED on the claim of his ownership, plaintiff (respondent herein) filed a suit for permanent prohibitory injunction, in the alternative for possession of the suit property, against the defendants (appellants herein). Disputing the correctness and genuineness of entries of ownership of the plaintiff in the revenue record, defendants also claimed ownership by way of adverse possession.

(3.) TRIAL Court, in terms of judgment and decree dated 5.11.1999, passed in Civil Suit No. 156/1999 -100/1992, titled as Nanak Chand vs. Sohan Singh and others, decreed the suit in the following terms: - "In the light of my findings on the foregoing issues the suit of the plaintiff for permanent prohibitory injunction is dismissed. While a decree for recovery of possession of the land comprised in khewat khatauni No. 44/82min khasra No. 712, 1081, kittas 2 land measuring 0 -04 -19 hectares situated in village Chaili, Ill Anantpur, Tehsil Sarkaghat, District Mandi, H.P., with costs of the suit is passed in favour of the plaintiff and against the defendants. A decree sheet be drawn accordingly. The file after due completion be consigned to records."