KHEM SINGH Vs. Y R SHARMA

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 7.6.2005 rendered by the District Judge, Solan in Civil Appeal No. 72-S/13 of 2004.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit for permanent prohibitory injunction against the appellant-defendant (hereinafter referred to as the "defendant" for convenience sake). Plaintiff was one of the co-owners of the suit land. He purchased 8 biswas of land from Khasra No. 153/57 vide sale deed No. 264 dated 18.3.1991. Defendant has no right, title or interest in the suit land. He has threatened to interfere in the suit land.

(3.) Suit was contested by the defendant. It was denied that plaintiff was owner in possession of the suit land. Plaintiff did not possess any part of Khasra No. 153/57. The suit land was part and parcel of Khasra No. 47.