DINA NATH Vs. JASODHARA (NOW DECEASED)

JUDGEMENT

(1.) Since both these appeals have arisen from the common judgment dated 17.4.2006 passed by learned District Judge. Mandi, therefore, the same were taken up together for hearing and are being disposed of by a common judgment.

(2.) The defendants are the appellant, who after suffering a decree of permanent prohibitory injunction by the trial Court, as affirmed by first appellate Court, have filed the instant appeals.

(3.) The factual matrix giving rise to filing of the instant appeals are that the plaintiffs filed a suit under Section 45 of the H.P. Land Revenue Act for declaration with consequential relief of injunction. It was averred that plaintiffs No.1 and 2 were daughters of Ajudhya and defendant No.2 and plaintiff No.3 are grand daughters of Banti, who had bequeathed her entire properties in favour of defendant No.2 and plaintiff No.3. It was averred that Ajudhya and Banti were non-occupancy tenants over the land comprised in Khewat Khatauni No. 138/307, Khasra No. 557 measuring 107.65 sq.meters (in short suit land) situated in Muhal Sundernagar, District Mandi, H.P.