KAMLA DEVI & ORS Vs. PREM SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned Presiding Officer, (FTC) Mandi, H.P. dated 25.2.2005, passed in Civil Appeal No. 75/2000, 150/2004.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff), has instituted suit against the appellants-defendants (hereinafter referred to as the defendants) for possession and for demolition by way of mandatory injunction. According to the plaintiff, the defendants have constructed cowshed/house over Kh. No. 473/1 without the consent and permission of the plaintiff in the year 1992. The defendants were asked to hand over the possession of the suit land comprised in Kh. No. 473/1. The cause of action arose to the plaintiff in the year 1992 when the defendants refused to admit the claim of the plaintiff.

(3.) The suit was contested by the defendants. The defendants have admitted the plaintiff to be the owner in possession of the suit land. However, it has been submitted that the construction over the suit land was raised by the defendants after the consent of the plaintiff and the defendants are in possession of the same.