HETU Vs. SH. KRISHAN CHAND

JUDGEMENT

(1.) The appellant, by filing this appeal under Sec. 100 of the Code of Civil Procedure (for short, CPC), has assailed the judgment and decree dtd. 7/11/2024 passed by the Learned District Judge, District Mandi, H.P. in Civil Appeal No. 21/2024 affirming the judgment and decree dtd. 5/14/2024 passed by the Learned Civil Judge, Mandi, H.P. in Civil Suit Reg No. 348/2014.

(2.) The plaintiff instituted the suit seeking a permanent prohibitory injunction to restrain the defendants from causing any interference in the suit land, including parking vehicles or altering its nature, along with a consequential mandatory injunction. The suit land, comprising Khewat No. 72, Khatauni No. 84, Khasra No. 477/447, measuring 2/15/6 bighas, situated in Mohal Soyra, Hadbast No. 185, Tehsil Balh, District Mandi, H.P., was claimed to be exclusively owned and possessed by the plaintiff. The defendants, being strangers to the suit land, were alleged to have unlawfully interfered with the plaintiff's cultivation on the land. Specifically, on 29/10/2014, the defendants trespassed with a tractor and J.C.B., forcibly ploughed the plaintiff's land, and uprooted trees. Despite a complaint to the local police, no action was taken. Defendant No. 2, in connivance with Defendant No. 1, allegedly began parking vehicles on part of the suit land, prompting the suit.

(3.) The defendants contested the suit by filing a written statement, raising preliminary objections regarding maintainability, non-joinder and mis-joinder of parties, improper valuation of court fee and jurisdiction, lack of locus standi and cause of action, and estoppel due to the plaintiff's conduct. They asserted that the plaintiff was attempting to encroach upon their land and had already encroached on government land. On merits, they denied any interest in the suit land, stating that Defendant No. 1 was the owner in possession of land comprised in Khata No. 24, Khatauni No. 26, Khasra No. 445, measuring 3/6/7 bighas, in the same Mohal. They alleged that the plaintiff was interfering with their peaceful possession and that Defendant No. 1 had sought demarcation, which, conducted on 29/10/2014, revealed the plaintiff's encroachment. Post-demarcation, Defendant No. 1 placed boundary marks and took possession of his land. The defendants denied trespassing or parking vehicles on the plaintiff's land and prayed for the suit's dismissal. The plaintiff filed a replication, reiterating the plaint's contents and denying the written statement.