RATTAN CHAND Vs. MALKIAT SINGH & ORS

JUDGEMENT

(1.) By way of instant Regular Second Appeal, appellant (hereinafter referred to as 'Appellant-plaintiff') laid challenge to the Judgment and decree dated 24.02.2007, passed by learned District Judge, Una, in Civil Appeal No. 72 of 2005, affirming judgment and decree dated 30.9.2005, passed by Civil Judge (Jr. Division), Court No. I, Amb, District Una, in Civil Suit No. 57-1 of 2003, whereby suit filed by appellant-plaintiff for permanent injunction was dismissed.

(2.) Briefly stated facts as emerged from the record are that appellant-plaintiff filed suit for permanent injunction for restraining defendants (hereinafter referred to as the 'Respondents-defendants') from taking the forcible possession, demolishing the abadi, cutting and removing any tree, changing the nature and interfering in any manner, whatsoever in the land measuring 0-00-90 hectares, comprised in Khewat No. 373 Min, Khatauni Nos. 989, 993, at present Khasra Nos. 3717, 3718 & 3719, as entered in Misal Hakiat Bandobast for the year 1988-89, situated in village Nakroh, upmahal Ram Nagar, Tehsil Amb, District Una, H.P., in the alternative appellant-plaintiff also prayed for decree of possession.

(3.) Learned trial Court on the basis of evidence adduced on record by the respective parties dismissed the suit of the appellant-plaintiff vide judgment and decree dated 30.9.2005.