BASHIR @ BASHIR MOHAMMAD Vs. NASIRU

JUDGEMENT

(1.) Defendant in the trial Court is in second appeal. He is aggrieved by the judgment dated 8.5.2003 , passed by learned Additional District Judge, Solan in Civil Appeal No.16-S/13 of 2002, whereby learned lower appellate Court has affirmed the judgment and decree passed by learned Senior Sub Judge, Solan, in Civil Suit No.248/1/01/96 and dismissed the appeal.

(2.) The bone of contentions in the present lis is land measuring 10 bighas, entered in Khata/Khatauni No. 7min/9, Khasra No.72, situate in Mauja Bag, Pargana Haripur, Tehsil and District Solan, H.P.

(3.) Respondent herein (plaintiff in the trial Court) claims himself to be the exclusive owner-inpossession of the suit land. The defendant, none-else, but his real brother has started interference in his possession over the suit land, which has led in filing the suit for the decree of permanent prohibitory injunction on the grounds that the suit land was allotted to the plaintiff by the Gram Panchayat and that the defendant has nothing to do therewith. However, irrespective of having no right, title or interest in the suit land, he started causing interference with the possession of the plaintiff over the suit land.