VISHWA NATH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal has been filed against judgment and decree, dated 01.03.2006, passed by the learned District Judge, Hamirpur in Civil Appeal No. 100 of 2004, titled The State of Himachal Pradesh and another Vs. Vishwa Nath, vide which learned Appellate Court has reversed the judgment and decree, dated 17.04.2004, passed by learned Civil Judge (Senior Division), Hamirpur in Civil Suit No. 438 of 1996, titled as Vishwa Nath Vs. State of H.P. and another.

(2.) This appeal was admitted on 26.03.2007 on the following substantial question of law:

(3.) Facts, in brief, necessary for the adjudication of the case, are that the appellant herein had filed a suit for permanent prohibitory injunction against the respondent/defendant qua the suit land comprising Khata No. 244, Khatoni No. 246, Khasra No. 666, measuring 0.7 Marlas, as per Jamabandi for the year 1995-96 of Tika Bohni, Tappa Ugialta, Tehsil and District Hamirpur, H.P. on the ground that the appellant/plaintiff was the owner in possession of the suit land, on which there was a shop as well as residential house, construction of which was 80-90 years old. Case of the appellant/plaintiff was that the adjoining land was owned by HP PWD department and the respondent/defendant No. 2 had destroyed the boundary marks and was bent upon to demolish and damage the building. Hence, the suit was filed for permanent prohibitory injunction for restraining the defendants from demolishing the building of the plaintiff or interfering in the suit land and the plaintiff had also prayed for mandatory injunction directing the respondents/defendants to restore the structure if any demolished by them.