DEVI DAYAL (DECEASED) THROUGH Vs. KRISHAN GOPAL

JUDGEMENT

(1.) The defendant is the appellant, who aggrieved by the judgments and decrees passed by both the learned Courts below, has preferred the instant appeal.

(2.) The parties hereinafter shall be referred to as the 'plaintiff' and 'defendant'. Whether reporters of Local Papers may be allowed to see the Judgment ?Yes

(3.) The plaintiff filed a suit for permanent prohibitory injunction on the ground that he is owner in possession of the suit land comprised in Khata/Khatauni No. 25min/26min, Khasra No. 183, measuring 12 biswas, situated in Mauza Surajpur, Pargana Doon, Tehsil Kasauli, District Solan,H.P. along with other defendants and co-sharers (hereinafter to be referred as the suit land). It was alleged that the suit land is unpartitioned and one co-sharer has no right to change the nature of the suit land or to raise any sort of construction over the best portion of the suit land, especially, the land having higher commercial value. It was averred that the defendant has started digging and excavating the suit land and threatened to raise construction and change the nature of the suit land permanently by encroaching upon the best portion of the suit land, hence the suit.