DINA NATH Vs. MUNI LAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 22.08.2006 passed by learned District Judge, Hamirpur, in Civil Appeal No. 106 of 2004, vide which, learned Appellate Court has confirmed the judgment and decree dated 06.05.2004 passed by the learned Civil Judge (Senior Division), Hamirpur, in Civil Suit No. 116 of 1995.

(2.) A suit was filed by respondent/plaintiff for declaration, permanent injunction and possession to the effect that the plaintiff was in possession of the suit land and the defendant had no concern whatsoever with the same and the defendant be restrained from interfering in the possession of the plaintiff over the suit land and further that the revenue entries showing the possession of the defendant over the suit land are bogus and null and void ab initio and not binding upon the plaintiff and are liable to be quashed and corrected. The suit was further to the effect that in case the plaintiff is not found in possession, decree for vacant possession of land detailed in prayer-A therein be passed in favour of the plaintiff and against the defendant.

(3.) Learned lower Court decreed the suit vide judgment dated 06.05.2004 in the following terms:-