SALIG RAM Vs. DEVI RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 26.7.2004 rendered by the District Judge, Shimla in Civil Appeal No. 19 -S/13 of 2002. "Key facts" necessary for the adjudication of this appeal are that the appellant -plaintiff (herein after referred to as 'plaintiff for convenience sake) instituted a suit for permanent prohibitory and mandatory injunction against the respondent -defendant (hereinafter referred to as the defendant" for convenience sake). According to the plaintiff, he was owner in possession of the house situated over the land comprised in Khata Khatauni No. 30/40, Khasra No. 638/33, measuring 0 -4 biswa situated at Mauja Chakrial, Tehsil and District Shimla, as per Jamabandi for the year 1991 -92. Defendant was owner in possession of the land comprised in Khata Khatauni No. 30/44, Khasra No. 638/33 measuring 0 -4 biswa situated at Mauja Chakrial, Tehsil and District Shimla. Defendant has already covered his land and now started encroaching upon the land of the plaintiff.

(2.) Suit was contested by the defendant. Defendant has denied that he has made any encroachment over the land of the plaintiff. The construction of the house was raised by the defendant within his own land.

(3.) Replication was filed by the plaintiff. Issues were framed by the Sub -Judge -4, Shimla on 15.9.1997. The Sub -Judge dismissed the suit on 26.12.2001. Plaintiff filed an appeal before the District Judge, Shimla. He dismissed the same on 26.7.2004. Hence, the present appeal. It was admitted on the following substantial questions of law: