MANGAT RAM Vs. RATTAN DEV AND ANOTHER

JUDGEMENT

(1.) This regular second appeal stands filed under the provisions of Sec. 100 of the Code of Civil Procedure. Concurrent findings of fact stand challenged by defendant No. 1.

(2.) Rattan Dev (plaintiff - respondent No. 1 herein) filed a suit for permanent prohibitory injunction against Mangat Ram (defendant No. 1- appellant herein) and Savitri Devi (defendant No. 2 - respondent No. 2 herein). Plaintiff and defendant No. 2 were joint owners of the suit land measuring 57.84 Sq. Mts. situated in Tika Up-mohal Goura, Tappa Bajuri, Tehsil and District Hamirpur. Vide order dated 1.5.1991 this land stood partitioned by A. C. 1st Grade Hamirpur. Both plaintiff and defendant No. 2 were put in exclusive possession of 19.20 Sq. Mts. of land each, so ordered to be owned by them separately. Savitri Devi let out her portion to Mangat Ram (defendant No. 1). The tenancy was only with regard to her share and portion of land. After all this, Savitri Devi through Mangat Ram, tried to interfere with the plaintiff's possession over his portion being the suit land. Resultantly suit for permanent prohibitory injunction was instituted.

(3.) Based on respective pleadings of the parties, trial Court framed the following issues:-