YOGINDER PAUL Vs. RUP LAL

JUDGEMENT

(1.) The plaintiffs' suit for rendition of a decree, for permanent prohibitory injunction besides for rendition of a decree, for mandatory injunction by way of apposite demolition(s), stood decreed by the learned trial Court. In an appeal carried therefrom, by the defendant, before the learned First Appellate Court, the latter Court allowed his appeal besides obviously reversed the trial Court's judgment and decree.

(2.) Briefly stated the facts of the case are that the plaintiff has filed a suit for permanent prohibitory injunction and for possession by way of demolition against the defendant. It has been pleaded that he and his brothers, namely, Roshan Lal, Desh Raj, Onkar Chand and mother Smt. Rupan Devi are owner in possession over the land in suit comprised in Khata No. 77, Khatoni NO. 92, Khasra No. 931, measuring 0 Kanal 15 Marlas, as per jamabandi for the year 1966-97 (hereinafter referred to as the suit land), situated at Tika Paplah, Tappa Mowa, Tehsil Bhoranj, District Hamirpur, H. P. It is further averred that the plaintiff, his brother and mother have exchanged the entire Khasra number with owner Shri Parkash etc. , who are in exclusive possession over the land in suit and as such the plaintiff has become owner in possession this land in suit with his brothers and mother. It is alleged that defendant is stranger to the suit land, who is coowner of the adjoining land, who has started digging the land in suit, for the purpose of raising illegal construction.

(3.) The defendant contested the suit and filed written statement, wherein, he has taken preliminary objections of maintainability, cause of action and estoppel etc. On merits, it is claimed that defendant had already constructed his house in the year 1992-93 over his own land comprised of Khasra No. 932, which he purchased from Shri Kiali Ram and Rattan Chand of village Paplah to the extent of 0Kanal 15 Marlas. It is further claimed that the plaintiff has no cause of action.