JATINDER SINGH KASHYAP Vs. DUNI CHAND

JUDGEMENT

(1.) THIS is a second appeal filed by the appellant against the judgment and decree of the Court of learned District Judge (Forests), Shimla, dated 17.12.2005, vide which the appeal filed by the appellant against the judgment and decree of the Court of learned Sub Judge (4),Shimla, dated 30.10.2001, dismissing the suit of the plaintiff for mandatory and permanent injunction, was dismissed and those findings were confirmed.

(2.) BRIEFLY stated the facts of the case are that the appellant/plaintiff filed a suit for perpetual and mandatory injunction alleging that there is apple orchard of the plaintiff on the land comprised in Khasra Nos. 18,19,20 and 23. On the western side, there is a road abutted by Khasra No. 22. The plaintiff has fenced his orchard and residential house. The land of Khasra No. 22 is in the ownership of the State of Himachal Pradesh and the defendants and the plaintiff had been using it for plying of trucks, jeeps and cars. The defendants have started digging pits for erection of RCC pillars on the land comprised in Khasra No. 22 and have also raised three pillars in the Government land during the holidays.

(3.) THE suit was tried by the learned trial Court and it was held that the Civil Court jurisdiction was barred in view of Section 171 of the Himachal Pradesh Land Revenue Act since the proceedings under Section 163 of the Himachal Pradesh Revenue Act have been initiated against the defendants by the State Government.