PREM DASS Vs. KAMLA DEVI

JUDGEMENT

(1.) A challenge has been laid by way of this regular second appeal to the judgment and decree passed by the District Judge, Hamirpur on 2.1.2001 in Civil Appeal No. 49 of 1993.

(2.) The brief facts necessary for the adjudication of the second appeal are that the respondent-plaintiff hereinafter referred to as the plaintiff for convenience sake, had filed a suit in the Court of Sub Judge 1st Class (1), Hamirpur for declaration with consequential relief of permanent prohibitory injunction for restraining the defendant from interfering with the possession of the plaintiff over land as comprised in Khasra Nos. 13 to 16, 23 to 25, 27 to 28 and 76 to 81, measuring 5354.78 Sq. Mtrs. situated in Up Mahal Chauhala, Khurd Mahal, Hamirpur as per Jamabandi for the year 1980-81.

(3.) The trial Court on the basis of the pleadings of the parties had framed the following issues: