JAISHI RAM Vs. KAMAL DEV

JUDGEMENT

(1.) THE appellants -plaintiffs are in appeal against judgment, decree dated 9.8.1996, passed by learned District Judge, Hamirpur in Civil Appeal No. 83 of 1990 confirming the judgment, decree dated 31.3.1990 passed by learned Sub Judge, Ist Class, Hamirpur, in Civil Suit No. 100/80.

(2.) THE facts as emerge from the plaint are that appellants -plaintiffs filed a suit that appellants -plaintiffs and respondents -defendants are joint owners in possession of land comprised in Khasra No. 951/687 measuring 1 -17 Kanals as per jamabandi 1977 -78, Tika Lambloo, Mauja Ugiyalta, Tehsil and District Hamirpur and respondents have no right to raise any construction over best portion of the suit land or to change its nature in any manner whatsoever till partition. In case, the respondents -defendants raise any construction, then a decree by way of demolition of construction be granted in favour of the appellants -plaintiffs.

(3.) THE suit was dismissed on 14.6.1985 but in appeal learned District Judge on 1.6.1989 set aside the judgment and decree dated 14.6.1985 and remanded the case with the direction to the trial Court to appoint revenue officer as local commissioner to demarcate the land and how much area is covered by the construction of Dev Raj and Bihari Lal. The trial Court appointed local commissioner who submitted his report Ex.OW 1/D.