ROSHAN LAL Vs. KISHORI LAL

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 23.6.2011 rendered by learned Presiding Officer, Fast Track Court, Mandi, District Mandi, HP in Civil Appeal No. 56 of 2010.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the appellant-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) has filed a suit for permanent prohibitory injunction and in the alternative, for mandatory injunction against the respondent-defendant (hereinafter referred to as 'defendant' for convenience sake), alleging therein that the land comprised in Khewat Khatauni No. 99 min/116, Khasra No. 558, measuring 0-22-23 hectares situate at village Sukhar/507 III Hatli, Sub-Tehsil Baldwara, District Mandi, HP is residential house of both the parties and exist over the suit land. The defendant has started excavating the land which is situated on the backside of the house with the intention to raise pillars. Suit was contested by the defendant. According to the defendant, he was owner-in-possession of the suit land. He prepared a plot over the land. Replication was filed. Issues were framed on 25.11.2002 by the learned Civil Judge (Senior Division). He dismissed the suit on 20.7.2010. Plaintiff preferred an appeal before the learned Presiding Officer, Fast Track Court, which was dismissed on 23.6.2011. Hence, this Regular Second Appeal.

(3.) The appeal was admitted on 21.11.2011, on the following substantial question of law: