SURINDER KUMAR Vs. SARDARI LAL

JUDGEMENT

(1.) Defendant is in second appeal before this Court. He is aggrieved by the judgment and decree dated 24.9.2005, passed by learned District Judge, Una, in Civil Appeal No.50 of 2004, whereby his appeal has been dismissed and the judgment and decree dated 31.8.2004, passed by learned Civil Judge (Jr. Division) (1), Amb, District Una, in Civil Suit No.161-1 of 2001, affirmed.

(2.) The subject matter of dispute in the present lis is a piece of land measuring 1045.68 square decimetres, entered in Khewat No.123 min, Khatauni No.209 min, bearing Khasra No. 731, situate in village Ram Nagar (Gagret), Tehsil Amb, District Una. H.P.

(3.) The respondent (plaintiff in the trial Court) has filed a suit for permanent prohibitory injunction against the defendant, on the ground that the suit land is jointly owned by the parties to the suit and other co-sharers. The same is adjoining to village "Gohar" (common passage), hence a valuable piece of land. The defendant having no right to raise construction thereon, intends to construct boundary wall, without the consent of the plaintiff, in such a way so as to obstruct the common passage and also occupy more land as compared to his share.