MOHAR SINGH Vs. MANJU DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 23 12 1988 passed by Additional District Judge (I), Kangra at Dharamshala in Civil Appeal No. 458/86 -74 of 1988 whereby judgment and decree passed by Sub -Judge L »t Class, Kangra at Dharamshala in Civil Suit No 87/83 dated 23 -10 -1986 has been upheld.

(2.) Chandu Lal deceased respondent plaintiff filed a suit for permanent injunction for restraining the defendant -appellant from interferring with his possession in any manner whatsoever, cutting the trees and dispossessing the plaintiff from suit land comprised in Khata No 17 min, khatauni No. 25, Khasras No 48, 51, 75, 93 and 115, area measuring 1 -01 -19, situate at Kfohal Sunehr, Mauza Ghurkari, Tehsil and District Kangra as per jamabandi for the year 1978 -79. According to plaintiff he is the person recorded in possession of payment of rent and as per entry in column of remarks of jamabandi for the year 1978 -79 mutation No. 70 has been entered as Gair Moroosi and decision whereof is pending Plaintiff claimed to be in peaceful possession of the land in question and, therefore, prayed decree for permanent injunction. This suit was contested and resisted by the appellant/defendant who pleaded that he is in possession of khasra Nos. 93 and 75 whose corresponding old numbers arc 59 and 56 and in respect of other land he claimed to be in possession of the same Besides this, he pleaded estoppel, as also non -joinder of necessary parties, namely, Sh, Ranbir Singh and the suit is not maintainable in its present form, In the replication filed by the plaintiff he controverted the pleas of the defendant and reiterated his claim.

(3.) On the aforesaid pleadings of the parties the trial Court framed the following issues :