LAWS(HPH)-1984-9-9

SALO Vs. MUNSHI RAM

Decided On September 21, 1984
SALO Appellant
V/S
MUNSHI RAM Respondents

JUDGEMENT

(1.) Munshi Ram respondent 1 (hereinafter the plaintiff) filed a suit for declaration to the effect that he is the owner in possession of the land measuring 1 kanal and 17 marlas comprising khasra No. 50 of Tika Upahu Mauza Ladwara Tehsil Kangra, as detailed in the plaint (hereinafter called the suit land) with trees including an arjan tree situate in the suit land with permanent injunction against Salo petitioner (hereinafter defendant No. 1) and respondents 2 to 5 (hereinafter defendants 2 to 5) to the effect that the defendants should not interfere with the plaintiff's rights in any manner whatsoever and should not cut or remove the trees from the suit land.

(2.) The plaintiff alleges that he is the owner of the suit land along with the trees by way of gift and that the defendants have no concern with the land and the trees. It is further alleged that the defendants are threatening to interfere with the plaintiff's rights and are also trying to cut or remove the trees forcibly from the suit land. The defendants in spite of the repeated requests are not stopping from their illegal activities of interference and the plaintiff is compelled to file the present suit. This suit was filed in the Court of Sub Judge Kangra on 14-8-1972.

(3.) Notices of the suit were issued to the defendants and the defendants contested the plaintiffs suit.