KULDIP RAJ Vs. SHANKAR DASS

JUDGEMENT

(1.) The present regular second appeal is maintained by the appellant laying challenge to the judgment passed by the learned Presiding Officer, Fast Track Court, Mandi, in Civil Appeal No. 32 of 2005, 194/2005, dated 08.05.2007, whereby the judgment dated 28.02.2005, passed in Civil Suit No. 121 of 2000 by the learned Civil Judge (Senior Division), Sarkaghat, District Mandi, H.P. was reversed.

(2.) The appellant herein was defendant No. 4 before the learned Trial Court (hereinafter referred to as 'defendant No. 4'), has assailed the judgment and decree of learned First Appellate Court by filing the present appeal against the legal representatives of respondent No. 1, Shri Shankar Dass, who was plaintiff before the learned Trial Court (hereinafter referred to as 'the plaintiff') and respondents No. 2 to 4, who were defendants No. 1 to 3 before the learned Trial Court (hereinafter referred to as 'defendants No. 1 to 3).

(3.) Brief facts giving rise to the present appeal are that plaintiff, maintained a suit for permanent prohibitory and mandatory injunction against the defendants with respect to the land comprising in Khewat/Khatauni No. 20/46min, Khasra No. 237, measuring 0-07-80 hectares, situate at village Ropar, Illaqua Anantpur, Tehsil Sarkaghat, District Mandi, H.P. (hereinafter referred to as 'the suit land'). It is alleged that earlier the suit land was owned and possessed by the plaintiff and defendants No. 1 to 3 and on 04.08.1999, defendant No. 2, Shri Milkhi Ram, sold 0-00-63 hectares of land to defendant No. 4, Shri Kuldip Raj, through a registered sale deed No. 394. As per the plaintiff, the suit land is abutting Sarkaghat-Tihra road and its front portion is more valuable.