AVTAR CHAND Vs. SATWINDER SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 31/5/2006, passed by learned Additional District Judge, Una, HP (learned Appellate Court) vide which the judgment and decree dtd. 30/5/2003, passed by learned Sub Judge First Class, Court No.1, Una, H.P. (learned Trial Court) were partly upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court for seeking possession of one room measuring 18' x 12', situated in Khasra No. 1515 (old) and 4208 and 4209 (new) as recorded in the copy of Jamabandi for the year 1996-1997, situated at Village Basdehra, Brahmna, Tehsil and District Una, H.P., (hereinafter referred to as suit land) and consequential relief of permanent prohibitory injunction for restraining the defendants from interfering with the suit land, changing its nature by raising any further construction and in the alternative for vacant possession by demolishing the structure.

(3.) It was asserted that the plaintiffs are the owners in possession of the suit land. They constructed a pucca room on the suit land. The defendants, taking advantage of the plaintiffs' absence, occupied the room. The plaintiffs requested the defendants to deliver possession of the room to them, but they refused. They threatened to raise construction on the suit land. Hence, the suit was filed to seek the relief mentioned above.