BUDHU Vs. LAL MAN & ANOTHER

JUDGEMENT

(1.) The present regular second appeal has been maintained by the appellant/plaintiff (hereinafter referred to as "the plaintiff"), laying challenge to the judgment and decree, dated 02.07.2005, passed by the learned District Judge, Mandi, District Mandi, H.P., in Civil Appeal No. 116 of 2003, whereby the appeal filed by the respondents/defendants (hereinafter referred to as "the defendants") against the judgment and decree, dated 31.10.2003, passed by the learned Civil Judge (Junior Division), Chachiot at Gohar, District Mandi, H.P., in Civil Suit No. 33 of 2002, decreeing the suit filed by the plaintiff, was allowed.

(2.) The key facts of the case can tersely be summarized as under:

(3.) The defendants, by way of filing written statement, contested and resisted the suit of the plaintiff. They raised preliminary objections, viz., maintainability, locus standi, cause of action and valuation. On merits, the defendants contended that as per the revenue record their residential house had been existing on the suit land, thus the allegations of the plaintiff are baseless and vague. The existence of the residential house of the defendants belies the plea of the plaintiff that the defendants are interfering over the suit land. As per the defendants they carried out renovation of their old house, which was existing over abadi deh land, bearing khasra No. 1385, which is adjoining to the suit land and no construction had been raised on the suit land. The defendants further averred that only on the basis of apprehension the plaintiff filed the suit.