VED PARKASH Vs. UTTAM CHAND AND ORS.

JUDGEMENT

(1.) Challenge herein is to the judgment and decree dated 17.3.2003, passed by learned District Judge, Mandi, in Civil Appeal No. 51/2000. Learned lower Appellate Court has dismissed the appeal and affirmed the judgment and decree dated 31.3.2000 passed by learned trial Court in Civil Suit No. 298/98/91.

(2.) The bone of contention in the present lis is a small piece of land measuring 0 -2 -10 Bigha, bearing Khasra No. 1497/789/1, situate in Mohal Nagchala, Illaqa Balh, Tehsil Sadar, District Mandi. The suit land, as a matter of fact, forms part of land bearing Khasra No. 1497/789, measuring 05.05.07 Bighas.

(3.) The Sub Divisional Collector, vide order dated 20.8.1987, Ext. PB has granted the suit land as Nautor to the plaintiff. The plaintiff claims that he is owner in possession of the suit land. The defendants, however, without any right, title or interest started digging the foundation over the suit land for the purpose of construction of a house. He requested them not to do so, but of no avail. Hence, the suit for the decree of permanent prohibitory injunction, restraining thereby the defendants from causing any interference over the suit land in any manner whatsoever or raising any construction thereon. In the event they succeed in raising construction over the suit land, the decree for mandatory injunction qua demolition of the construction so raised was also sought.