RAM DULARI Vs. TARSEM LAL & ANR

JUDGEMENT

(1.) By way of the present appeal, the appellant/ plaintiff has challenged the judgment passed by the Court of learned District Judge, Una, in Civil Appeal No. 78 of 1999 dated 30.12.2006, vide which, learned Appellate Court has upheld the judgment passed by the Court of learned Sub Judge Ist Class, Court No.1, Una, in Civil Suit No. 53 of 1989 dated 29.01.1999, whereby the suit for possession and permanent injunction filed by the present appellant was dismissed.

(2.) This appeal was admitted on 26.07.2007 on the following substantial questions of law:-

(3.) Brief facts necessary for the adjudication of the present case are that that the appellant/plaintiff, hereinafter referred to as the plaintiff, filed a suit for possession and permanent injunction on the ground that the suit land was owned and possessed by the plaintiff and defendant who was a head strong person had forcibly occupied the area measuring 0-04-20 Sqms. about two months back without any right and interest, unlawfully and had started giving threats to the plaintiff to cut mango, toot, jaman trees over the same. According to the plaintiff, the defendant had no right, title or interest either on the suit land or on the trees growing thereon. On these basis, the plaintiff filed the suit praying for decree of possession of land measuring 0-04-20 Sqms. situated in village Bhalola, Tehsil and District Una, H.P. and also decree for issuance of permanent injunction restraining the defendant from cutting and removing trees standing on the suit land.