SHIAM PARSHAD Vs. KASHMIR SINGH

JUDGEMENT

(1.) By way of this appeal, the appellant/plaintiff has challenged the judgment and decree passed by the Court of learned Senior Sub Judge, Hamirpur, in Civil Suit No. 282 of 1993/278 of 1994 dated 11.05.2000, vide which learned Senior Sub Judge dismissed the suit filed by the plaintiff, as well as the judgment and decree passed by the Court of learned Presiding Officer/Additional Sessions Judge, Hamirpur in Civil Appeal No. 115 of 2000/RBT 214/2004 dated 19.05.2006, whereby learned Appellate Court dismissed the appeal filed by the present appellant against the judgment and decree passed by learned trial Court.

(2.) This appeal was admitted on 28.06.2007 by this Court on the following substantial question of law:-

(3.) Brief facts necessary for adjudication of the present appeal are that the appellant/plaintiff, hereinafter referred to as the plaintiff, filed a suit for permanent prohibitory injunction against the respondent/defendant, hereinafter referred to as the defendant, for restraining the defendant from raising any sort of construction over the land comprised in Khata No. 123 min, Khatauni No. 144 min, Khasra No. 220 measuring 0-18 Marlas, situated in village Baroha, Tappa Matti Morian, Tehsil and District Hamirpur, H.P. According to the plaintiff, he was owner in possession alongiwth other co-sharers of the suit land as per jamabandi for the year 1989-90 and the defendant who was totally a stranger, had no right and title over the suit land. Despite this, defendant on 24.08.1993 started collecting material and digging foundation in the suit land forcibly and when plaintiff requested the defendant not to do so, defendant threatened the plaintiff with dire consequences. It was on these basis that the suit was filed by the plaintiff.