CHHABIL DASS Vs. MOHAR SINGH

JUDGEMENT

(1.) 1. The present appeal was admitted on the following substantial question of law:

(2.) SHRI Shobhu Ram as plaintiff filed Civil Suit No. 218/91(68/95) for permanent prohibitory injunction against defendants; (1) Shri Chhabil Dass (2) Shri Narain Dass (3) Shri Jhabe Ram. Plaintiff claimed ownership of suit land measuring 35x37x23 feet, depicted in the site plan as 'A', 'B', 'C, situated in Phati Abadi of village and Phati Manikaran, Kothi Kanwar, District Kullu, H.P. (hereinafter referred to as 'the suit land'). The plaintiff so alleged that the defendants were unlawfully interfering in the plaintiff's possession and peaceful enjoyment of the suit property. In the alternative, it was also prayed that if the defendants were found to have succeeded in encroaching upon the suit land in that event they be restrained from raising any construction and a decree for possession be passed after demolition of the structure, if any, raised there upon.

(3.) ON the basis of the pleadings, the trial Court framed the following issues and additional issue No. (iv) framed by the learned Additional District Judge, Kullu (on remand in earlier proceedings, which are not relevant now):