GOPAL & OTHERS Vs. BIRBAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.4.2003, passed by learned Additional District Judge, Mandi, in Civil Appeal No.28 of 1998. Learned lower appellate Court on reappraisal of the evidence available on record has affirmed the judgment and decree passed by learned Sub Judge 1st Class, Jogindernagar on 10.2.1998, in a civil suit filed for the decree of injunction registered as Case No.118 of 1994.

(2.) The subject matter of dispute in the present lis is a piece of land measuring 2-15-2 bighas denoted by Khasra No.444/1, situate in Mauza Palli, Pargana Darang, Sub Tehsil Padhar, Tehsil Jogindernagar, District Mandi, as the defendants claim the same having been purchased from Shri Bhagat Ram, one of the co-sharers of the entire land bearing Khasra Nos.442, 443, 444 and 457, measuring 15-1-0 bighas.

(3.) The recorded owner of the land, as per the Jamabandi for the year 1989-90 Ext.PY was "Mandir Thakur Laxmi Narayan Ji', whereas Tulsi, Sohnu, Bhagat, Devu, Nazu alias Nagar Dev etc. were in possession thereof in the capacity of non-occupancy tenants. The land bearing Khasra No.444, as per the entries in the Jamabandi for the year 1989-90 Ext.P-1 and Jamabandi for the year 1974-75, Ext.P-3 has been shown in the ownership of "Mandir Thakur Laxmi Narayan Ji", whereas in possession of aforesaid Tulsi, Sohnu, Bhagat, Devu, Nazu alias Nagar Dev etc. in the capacity of nonoccupancy tenants. The defendants allegedly started interference in the possession of the plaintiff over the suit land. On 25.6.1994 they allegedly made an effort also to dispossess the plaintiff from the suit land, however, unsuccessfully. When the defendants failed to desist from their illegal activities and to the contrary advanced threats to dispossess the plaintiff from the suit land, the suit was filed for the decree of injunction restraining them from causing interference with the possession of the plaintiff over the suit land.