MANI RAM AND OTHERS Vs. CHARAN DASS

JUDGEMENT

(1.) By way of this appeal, the appellants/defendants have challenged the judgment and decree passed by the Court of learned District Judge, Sirmaur at Nahan, in Civil Appeal No. 23-CA/13 of 2007, dated 07.12.2007, vide which, learned Appellate Court while dismissing the appeal so filed by present appellants/defendants upheld the judgment and decree passed by the Court of learned Civil Judge (Jr. Divn.) Nahan, District Sirmaur, in Civil Suit No. 48/1 of 2006/04 dated 30.05.2007.

(2.) Brief facts necessary for the adjudication of this case are that respondent/plaintiff (hereinafter referred to as 'plaintiff') filed a suit for permanent prohibitory injunction restraining the defendants from demolishing the residential house of the plaintiff and further constructing the house of defendants on the same place i.e. on the suit land comprised in Khata Khatauni No. 15/23, Khasra No. 132, measuring 3-4 bighas, situated in abadi deh of Village Nali-Chanog, Tehsil Pachhad, District Sirmaur, H.P (hereinafter referred to as suit land). As per plaintiff, he was owner in possession of landed property in village Nali-Chanog, Tehsil Pachhad, District Sirmaur, H.P and was having rights in the abadi deh of the village. His further case was that he was having an ancestral residential house in abadi deh consisting of three rooms which were being used as cow-shed. As per him, house of defendants was adjoining to the suit land who on 12.10.2004 formed an illegal assembly and started demolishing the same and threatened to oust him from the suit land. This threat was again extended on 15.10.2009 by way of demolishing the said house of the plaintiff. According to the plaintiff, defendants had no right to do so and on these bases, the suit was filed.

(3.) The defendants contested the claim of the plaintiff by filing written statement. As per defendants, the suit land was in the shape of abadi deh and there existed a cow-shed of defendants on the suit land for the last more than 50 years whereas house of plaintiff existed on khasra No. 123. According to the defendants, in the suit land there was no portion in the possession of the plaintiff and the suit in fact was filed by the plaintiff out of old enmity just to harass the defendants.