RANJIT SINGH AND OTHERS Vs. VIJAY SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment and decree passed by the Court of learned Additional District Judge, Shimla in Civil Appeal No. 85-S/13 of 05 dated 23.03.2007 vide which, learned appellate Court has partly allowed the appeal filed by the respondent/defendant against the judgment passed by the Court of learned Civil Judge (Junior Division), Court No. (4), Shimla in Civil Suit No. 3/1 of 2003 dated 27.04.2005.

(2.) This appeal was admitted on the following substantial questions of law on 22.06.2007:

(3.) Brief facts necessary for the adjudication of the present case are that the predecessor-in-interest of the appellants, namely Sh. Partap Singh (hereinafter referred to as 'the plaintiff') filed a suit for permanent prohibitory injunction to the effect that the suit land comprised in Khasra No. 324 was recorded in the ownership of plaintiff to the extent of ½ share as per Misal Haquiat for the year 1996-97, whereas the entire Khasra number was in his physical possession and the defendant had no right, title and interest of any kind on any portion of the land in Khasra No. 324. Further, as per the plaintiff, despite the fact that the defendant was having no right, title and interest over the land comprised in Khasra No. 324, the defendant on account of enmity with the plaintiff was threatening to encroach upon a portion of Khasra No. 324. It was further the case of the plaintiff that boundary of area comprised in Khasra No. 324 abutted area comprised in Khasra No. 326 which land measuring 0- 06-67 hectares was recorded in the name of different owners, which included both the plaintiff and defendant being co-sharers. As per the plaintiff, the land comprised in Khasra No.326 was owned by him to the extent of 1/4th share and share of the defendant was negligible, i.e. 1/12th share. It was further stated in the plaint that in order to grab the area from the possession of plaintiff comprising in Khasra No. 324, the defendant was trying to create boundary dispute as during the last 3-4 days preceding the filing of the suit, the defendant had made preparations to encroach upon the land comprised in Khasra No. 324. On these basis, the plaintiff filed the suit praying for the following reliefs: