JAGDISH CHAND Vs. MEHAR CHAND AND ORS.

JUDGEMENT

(1.) DEFENDANT Jagdish Chand is in second appeal before this Court. He is aggrieved by the judgment and decree dated 26.04.2003 passed by learned Additional District Judge, Una in Civil Appeal No. 46/2000/99 dismissing thereby the appeal and affirming the judgment and decree passed by learned Sub Judge, (II), Una in Civil Suit No. 68 of 1994.

(2.) THE subject matter of dispute in the present lis is the land entered in Khatoni No. 109 min, Khewat No. 86 min, Khasra No. 122 measuring 0 -9 -89 hectares as per entries in the Misal Hakiyat Bandobast for the year 1992 -93 of village Doh Tappa Teerah, Tehsil Bangana, District Una. The plaintiff claims himself to be in possession of the suit land. The defendant without any right, title or interest therein started causing interference in his possession. He is threatening to dig the suit land for raising construction thereon. Therefore, the suit for the decree of permanent prohibitory injunction and in the alternative for possession by way of demolition of the construction, if any, raised during the pendency of the suit.

(3.) THE plaintiff also filed replication. On the pleadings of the parties following issues were framed: