KISHORE CHAND Vs. MEHAR CHAND

JUDGEMENT

(1.) THE defendants are in appeal against the judgment, decree dated 22.2.2001 passed by learned Addl. District Judge (I), Kangra at Dharamshala in Civil Appeal No. III -D/98 decreeing the suit of the respondent No. 1 -plaintiff.

(2.) THE facts in brief are that respondent No. 1 -plaintiff filed a suit for possession as well as for permanent prohibitory injunction regarding land measuring 0 -00 -95 hects out of land comprised in Khata No. 61min, Khatauni Nos. 128 and 127, Khasra No. 225(0 -56 -97 hects) and Khasra No. 226(0 -01 -50) hects, situated in Mohal Bhaterh, Mauza Tangroti, Tehsil and District Kangra by demolition of the structure raised by appellants -defendants on a portion of khasra Nos. 225 and 226. He has also prayed mandatory injunction against the appellants -defendants from blocking public path on the land comprised in Khata No. 143min, Khatauni No. 364min, Khasra No. 227 measuring 0 -05 -48 hects, Gair Mumkin Rasta, situated in Mohal Bhaterh, Mauza Tangroti, Tehsil and District Kangra.

(3.) THE appellants -defendants contested, the suit. They took preliminary objections of cause of action, locus standi, non -compliance of Sections 91 and 80 CPC, estoppel, maintainability and limitation. On merits, the possession of respondent No. 1 -plaintiff was denied on Khasra No. 226. It has been submitted that the said land is in possession of Puran Chand respondent. It has been denied that the appellants have dug foundations over Khasera No. 227, the blocking of the passage has also been denied. The respondent No. 1 -plaintiff, proforma defendants No. 3 and 4 have obliterated the public path on Khasra No. 227. The appellants have constructed their houses on Khasra No. 235/1. The appellant No. 1 completed the construction in the first week of January, 1987 and appellant No. 2 has completed construction upto lintel level. The appellants denied having made encroachment over the suit land.