BARFU Vs. DALIP SINGH

JUDGEMENT

(1.) THE defendant is the appellant, who is aggrieved by the judgment and decree dated 15.6.2002 passed by learned Additional District Judge, Shimla, Camp at Rohru, H.P. in Civil Appeal No. 102 -S/13 of 2001 whereby he affirmed the judgment and decree dated 30.7.2001 passed by learned Sub Judge, 1st Class, Court No. 2, Rohru, District Shimla, H.P. in Civil Suit No. 40 -1 of 2000.

(2.) THE plaintiff/respondent filed a suit for permanent injunction with respect to land comprised in Khata Khatauni No. 251/469, Khasra No. 935 measuring 0 -01 -08 hectare situated in Chak Sunda -Bhonra, Tehsil Chirgaon, District Shimla, H.P. (hereinafter referred to as the suit land) with a prayer to restrain the defendant from interfering in the suit land in any manner. The plaintiff claims himself to be owner and in possession of the suit land and the defendant who is having no right, title or interest in the suit land is unnecessarily interfering and is threatening to dispossess the plaintiff from the same. Hence, he filed the suit for injunction.

(3.) BY way of replication, the plaintiff reaffirmed the averments made in the plaint and denied those made by the defendant in the written statement. On 20.11.2000 the learned trial Court framed the following issues: