DAVINDER KUMAR Vs. RAJEEV KUMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 26.8.2014, passed by learned Additional District Judge-III, Kangra at Dharamshala, camp at Baijnath in Civil Appeal No.66-B/XIII/2013, whereby the appeal has been dismissed and the judgment and decree dated 16.11.2013, passed by learned Civil Judge (Junior Division), Baijnath, District Kangra in Civil Suit No.160/10, affirmed.

(2.) The dispute qua "share-aam gair mumkin rasta" in existence over a portion of land bearing Khata No.333, Khatauni No.594, Khasra No.1361 (at present Khata No.378, Khatauni No.363, Khasra No.1361), measuring 0-00-68 hectares, situate at Mohal Kasaba, Mauza Paprola, Tehsil Baijnath, District Kangra, H.P., was brought to the Court of learned Civil Judge (Junior Division), Baijnath, District Kangra seeking a direction, mandatory in nature, to the appellant-defendant herein to remove the encroachment he made over the path and restore the same to its original position.

(3.) It is seen that learned trial Judge on appreciation of the judgment available on record has decreed the suit and the appellant-defendant was directed to remove the encroachment he made over that portion of the suit land bearing Khasra No.1361/2, measuring 0-00-10 hectares over which the "rasta shareaam" was in existence.