AJEET SINGH Vs. RANBIR SINGH

JUDGEMENT

(1.) By way of the present appeal, the appellant/ defendant has challenged the judgment passed by the Court of District Judge, Kangra at Dharamshala, in Civil Appeal No. 48- P-/XIII-2006, dated 19.05.2008, vide which the learned Appellate Court has upheld the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Court No. II, Palampur, in Civil Suit No. 44 of 2004, dated 21.09.2006.

(2.) This appeal was admitted on 28.05.2009 on the following substantial question of law:-

(3.) Brief facts necessary for the adjudication of the present case are that the respondent/plaintiff filed a suit praying for permanent prohibitory as well as mandatory injunction against the defendant on the grounds that the suit land was entered in the joint ownership of plaintiff, defendant and other co-sharers and was in exclusive possession of the defendant vide jamabandi for the year 1998-1999. Suit land bearing Khasra No. 211 was situated on the road side i.e. Pathankot-Mandi National Highway and the defendant had already carried out construction in Khasra No. 211 and occupied much more land than his actual share and he had no right, title or interest to raise structure in the suit land in view of the fact that he had already constructed in excess of his share. It was further the case of the plaintiff that in order to deprive the plaintiff his lawful share of the suit land, the defendant started collecting raw material to raise structure in the suit land and also started digging pits to raise pillars and in this way, he wanted to occupy the whole of the suit land along the road side. During the pendency of the suit, an amendment was incorporated in the plaint to the following effect:-