DARSHO RAM Vs. NIDHIA AND ANOTHER

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment and decree dated 22.11.2007 rendered by the learned District Judge, Chamba, District Chamba, Himachal Pradesh in civil Appeal No. 31/2007.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondents-plaintiffs (hereinafter referred to as 'plaintiffs ' for convenience sake) filed a suit against the appellantdefendant (hereinafter referred to as 'defendant' for convenience sake) for permanent prohibitory and mandatory injunction restraining the defendant, his agents, servants and workmen from raising any construction over the suit land as detailed in the plaint, as per Jamabandi for the year 1997-98. According to the plaintiffs they were recorded in joint ownership and possession of the suit land with other cosharers. Defendant was a complete stranger. On 1 Whether the reporters of the local papers may be allowed to see the judgment? 10.8.2004, defendant started forcibly raising construction of Gharat on Khasra No. 30. He started collecting construction material with a view to grab the land of the plaintiffs to which he had no right. Defendant forcibly raised construction over the suit land and changed nature thereof. Thus, in these circumstances, the plaintiffs sought relief of permanent prohibitory injunction as cosharers and a decree for mandatory injunction and if the defendant forcibly raised construction over the suit land during the pendency of the suit, to restore the suit land to its original position.

(3.) Suit was contested by the defendant. According to the defendant, he had already constructed Gharat over Khasra No. 595 prior to the filing of the suit. Construction over Khasra No. 595 was made in the year 1980-81.