BIRBAL AND ANOTHER Vs. KARAM CHAND AND OTHERS

JUDGEMENT

(1.) The defendants/appellants have filed this Regular Second Appeal against the concurrent findings recorded against them by the learned Courts below whereby the suit of the plaintiff /respondent No.1 for permanent prohibitory injunction came to be decreed.

(2.) The facts as emerging from the pleadings are that the respondent No.1/plaintiff (hereinafter referred to as the 'plaintiff') filed a suit for injunction restraining the defendants/appellants (hereinafter referred to as the 'defendants') from interfering in the land comprised in Khata No. 122, Khatauni No. 458, Khasra Nos. 2108 and 2109 measuring 0-01-37 hectares situated at Muhal and Mauja, Gheori, Tehsil Dehra, District Kangra, H.P. Lateron, the suit was amended by incorporating an additional relief seeking decree of possession of land measuring 0-00-11 hectares denoted by Khasra Nos. 2109/1 measuring 0-00-05 and Khasra No. 2108/1. This amendment was carried out on the basis of the report submitted by the Local Commissioner.

(3.) The defendants contested the suit and also filed a counter claim seeking possession of their land alleged to have been encroached by the plaintiff comprised in Khasra No. 2110 by demolition of structure raised by the plaintiff on the said portion of the land.