PREM DUTT Vs. NAND LAL AND OTHERS

JUDGEMENT

(1.) Heard. In Civil Suit No. 12/1 of 2006, appellant-plaintiff had filed in the Court of learned Civil Judge, Solan, District Solan, decree for permanent prohibitory injunction restraining the respondents (hereinafter referred to as the 'defendants') from causing interference in the land entered in Khata No.6, Khatauni No. 14, Khasra No. 25/3/4 measuring 0- 4 bighas situate in mauza Gatoli, Hadbast No. 889, Tehsil and District Solan, H.P. was sought to be passed on the grounds inter-alia that he is owner in possession thereof and that the defendants having no right, title or interest thereon are trying to encroach upon the same by raising construction of a road.

(2.) The defendants when put to notice have resisted and contested such claim of the plaintiff on the grounds inter-alia that they never threatened nor tried to encroach upon the suit land by way of construction of a road there. There is road already in existence over the suit land which bifurcate from Mallah road to forest guard hut. The same being the old road is duly recorded as such in the revenue record.

(3.) On the pleadings of the parties followings issues were framed by learned trial Court:-