KISHORI LAL Vs. ROSHAN LAL

JUDGEMENT

(1.) The plaintiff instituted a suit against the defendants, claiming therein that a decree for permanent prohibitory injunction being pronounced against the defendants. The suit of the plaintiff stood decreed by the learned trial Court. In an appeal carried therefrom by the defendants before the learned First Appellate Court, the latter Court allowed the appeal, whereupon, it dis-concurred with the verdict recorded by the learned trial Court. In sequel thereto, the plaintiff/appellant herein is driven to institute the instant appeal herebefore.

(2.) Briefly stated the facts of the case are that the plaintiff is owner in possession of the land comprising khewat No.20 min, Khatauni No.22, khasra No.347,measuring 1 kanal 14 marlas as entered in the jambandi for the year 1984-85 situated in Mahal Dohgi Chikli, Mauja Kotla, Tehsil Bangana, District Una, H.P. The defendants are alleged to have threatened the plaintiff to divert the natural flow of water from its original course towards the land of the plaintiff comprising in khasra No.347. The defendants are also alleged to have threatened to cut the trees of sheesham, Simbal and Banana which are in possession of the plaintiff to which they have no right, title or interest. Hence, the suit.

(3.) The defendants contested the suit and filed written statement. In their written statement, the defendants have taken preliminary objections inter alia cause of action, estoppel, maintainability and locus standi. On merits, the defendants have alleged that they have procured the demarcation of the suit land by the revenue authorities for sanctification of the plaintiff but the plaintiff under the garb of this stay order wants to cut trees from khasra No.343 which is adjacent to khasra No.347 and wants to divert the natural flow of water towards khasra No.343 which is highly objectionable. The present suit has been filed by the plaintiff in order to harass the defendants.