SHANTA DEVI AND ANOTHER Vs. RUP LAL

JUDGEMENT

(1.) By way of this appeal, the appellant has challenged the judgment and decree passed by the Court of learned District Judge, Mandi, in Civil Appeal No. 82 of 2007, dated 17.04.2008, vide which, learned Appellate Court while dismissing the appeal filed by the present appellant, upheld the judgment and decree passed by the Court of learned Civil Judge (Sr. Division), Sarkaghat, District Mandi, in Civil Suit No. 119 of 2003, dated 02.07.2007, whereby learned trial Court had decreed the suit filed by the plaintiff for permanent prohibitory injunction by restraining the defendants therein from interfering in the suit land.

(2.) This appeal was admitted on 25.06.2009 on the following substantial question of law:-

(3.) Brief facts necessary for adjudication of the present case are that respondent/plaintiff (hereinafter referred to as 'plaintiff') filed a suit for declaration that he was exclusive owner in possession of the suit land comprised in Khewat Khatauni No. 111/118 min, Khasra No. 1019, land measuring 0-00-40 hectare, situated in Village Jamni/402, III, Bhadrota, Tehsil Sarkaghat, Distt. Mandi, HP (hereinafter referred to as 'suit land') and the defendants, who were strangers to the same, were threatening to raise construction in the form of structure over the same by destroying crops of the plaintiff. Prayer was also made by the plaintiff that defendants be restrained from interfering in the suit land and mandatory injunction may also be granted in his favour ordering demolition of the structure, if any, raised during the pendency of the suit.