VIPAN KUMAR Vs. SURJEET SINGH & ORS

JUDGEMENT

(1.) Courts are not meant to pander to the inflated egos of litigants.

(2.) The appellant is the plaintiff, who after having lost before both the Courts below has filed the instant regular second appeal. (Parties hereinafter referred to as the Plaintiff and Defendants.)

(3.) Brief facts of the case are that the plaintiff claimed damages of Rs.5000.00 and permanent prohibitory injunction with respect to the land comprised in Khata No. 780, Khatauni No. 838, Khasra No. 1118, measuring 3K-11 Marlas situated in Tika Bijhari, Mauza and sub Tehsil Dhatwal, District Hamirpur. It was averred that the plaintiff alongwith other co-sharers were owner in possession of the suit land, whereas the defendants were strangers. The land was got demarcated in the presence of the defendants on 10.06.2008, but the defendants started interfering and uprooting the boundary marks, constraining the plaintiff to file an application before the Tehsildar (Settlement), Circle Office Barsar, who thereafter deputed Field Kanungo to visit the spot. The Field Kanungo visited the spot on 17.03.2009 and found that boundary marks have been removed and, therefore, again fixed these boundary marks in presence of both the parties by fixing iron angle. It was averred that there were six buel trees over the suit land, which was in possession of the plaintiff, however, in the first week of Nov., 2009, the defendants cut the grass and branches of six buel trees thereby causing loss of Rs.5000.00 to the plaintiff. On 09.12.2009, the plaintiff asked the defendants to make good the damages but in vain. Hence, the suit.