PRITHVI RAJ Vs. NETAR SINGH AND OTHERS

JUDGEMENT

(1.) The appellant is the plaintiff, who having lost before both the learned Courts below in a suit filed by him for recovery of Rs. 40, 000/-, has filed the instant appeal.

(2.) The plaintiff filed the suit on the allegations that the land comprised in Khasra No.995 measuring 00-13-17 bighas situated in Mohal Manyana/362 Tehsil Sadar, District Mandi, H.P., was though in the name of the plaintiff and proforma defendants, but it was the plaintiff, who was in exclusive possession thereof as per the family partition. Whereas, khasra No. 990 which was situated on the northern side of this Khasra number was in possession of defendant No.1. A Jamun tree existed on the boundary of these Khasra numbers, but the defendants cut the same in October, 2008 and accordingly the matter was reported to the Police Station, Sadar, who took in possession the timber, but nothing worthwhile was done thereafter. The plaintiff even applied for demarcation and two demarcations had in fact been carried out, but the same were not acceptable to the plaintiff and, therefore, he accordingly filed the present suit.

(3.) From the pleadings of the parties, the learned trial Court framed the following issues: