MANOJ KUMAR Vs. SATISH CHAND

JUDGEMENT

(1.) APPELLANT Manoj Kumar filed a suit for mandatory and permanent prohibitory injunction, inter alia, against defendant Satish Chand/one of the respondents herein. Vide judgment and decree dated 27.08.2007, learned Civil Judge (Junior Division), Court No. 2, Rohru, District Shimla, H.P. in Civil Suit No. 24/1 of 2004/02, titled as Manoj Kumar Versus Satish Chand & others, decreed the suit, directing defendant No. 1 to remove the super structure raised over the suit land and deliver possession thereof to the plaintiff.

(2.) SATISH Chand filed an appeal, which stands allowed by the Court of learned Additional District Judge, Shimla, Camp at Rohru, vide judgment and decree dated 21.07.2012 in Civil Appeal No. 23 -R/13 of 2007, titled as Sh. Satish Chand Versus Sh. Manoj Kumar & others. Findings returned by the trial Court stand reversed in toto and the judgment and decree set aside. Plaintiff's suit stands dismissed. Primarily what weighed with the lower Appellate Court, was the relevancy and binding effect of report (Ex. PW.4/A) of the Naib Tehsildar, A.C. 2nd Grade, Tikkar.

(3.) MR . G.D. Verma, learned Senior counsel invites my attention to the judgment dated 13.04.2011 passed by this Court in CMPMO No. 255 of 2010, titled as Satish Chand Versus Manoj Kumar & others. According to learned Senior counsel, while disposing of the appeal, lower Appellate Court erred in not taking into account the said decision, which also deals with report (Ex. PW.4/A). Significantly in the said decision, this Court had upheld order dated 14.05.2010 passed by the Additional District Judge, Shimla, in an application filed by Satish Chand.