RAJINDER PAUL Vs. OM PRAKASH

JUDGEMENT

(1.) -This second appeal has been directed by the defendants against the judgment and decree dated 12.4.1990 of the learned District Judge, Kangra at Dharmashala, affirming the judgment and decree dated 26.10.1987 of the learned Sub Judge 1st Class, Kangra.

(2.) The plaintiff, Om Parkash, filed a suit for possession of the land measuring 0.06.43 hectares comprising of khata No. 2, khatauni No. 4 and khasra Nos. 348, 349 and 350 of Mohal Gaggal, Tehsil and District Kangra, hereinafter referred to as the land in dispute by demolition of the superstructure standing therein.

(3.) The suit of the plaintiff was decreed by the learned Sub Judge vide judgment and decree dated 26.10.1987 and a decree for possession of the land in dispute was passed in his favour by demolition of the house constructed therein by the defendants. The appeal preferred by the defendants before the learned District Judge was dismissed on 12.4.1990. The findings of the learned Sub- Judge on all issues were affirmed.