MOHINDER KUMAR Vs. SURINDER KUMAR SOOD AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.4.2017 passed by learned Additional District Judge-II, Una in Civil Appeal No. 36/2016 whereby he dismissed the appeal filed by the appellant and thereby affirmed the order dated 28.11.2016 passed by learned Civil Judge (Jr. Division), Court No.2, Amb, District Una, in Execution No. 13 of 2009.

(2.) The case has chequered history. The respondent No.1 filed a suit for possession, use and occupation charges and permanent prohibitory injunction against respondent No.2 and one Kapil. The suit was registered as Civil Suit No. 122 of 2000 and came to be decreed by the learned Civil Judge (Jr. Division), Court No.2, Amb, District Una, H.P. on 26.6.2008 and the relevant portion whereof reads as under:

(3.) The abovesaid decree was assailed by respondents separately by filing appeal No. 66/2008 titled Surinder Kumar vs. Kamlesh Devi and another and Appeal No. 72/2008 titled Kamlesh Devi Vs. Surinder Kumar and another. Both the appeals were decided by learned Additional District Judge, Una by a common judgment dated 10.4.2009. The appeal No. 72/2008 filed by Kamlesh Kumar was dismissed, whereas the appeal No. 66/2008 filed by Surinder Kumar was allowed and he was held entitled to an amount of Rs.28,800/-.