(1.) Prabh Dayal (now dead and represented by L. Rs.) instituted civil suit No.136 on May 6, 1968, in the Court of the Senior Sub-Judge, Chamba. He claimed to be the owner of Khasra No. 1631, situate in Mohal Rupani, Pargana Rajnagar, Tehsil and District Chamba. His case further was that he had planted a number of fruit trees over a part of Khasra No.1631 which were damaged by the defendants in the month of April 1967, by throwing Malba thereon. He claimed a decree for injunction restraining the defendants from doing so in future. Also, a decree for the damage caused to the trees as well as for the expenses likely to be incurred by him for removal of the Malba. The defendants, who are appellants in the present second appeal, resisted the suit. They denied that plaintiff Prabh Dayal was the owner of Khasra No. 1631. They also said that the land in suit was being used for a very long time for burying dead animals and for throwing refuse thereon and was also being used by children and others of the village for easing themselves.
(2.) Parties led evidence. On consideration of this evidence, the trial Judge came to the conclusion that plaintiff Prabh Dayal was the owner in possession of Khasra No. 1631. He, however, found that the defendants had a right of burying dead animals on the land and also to use the same for easing themselves thereon and throwing wastage. On the latter finding, the relief for injunction was refused. The decree for damages was refused on the finding that the plaintiff had failed to establish the loss or the quantum of loss allegedly suffered by him. The plaintiff appealed.
(3.) Before the lower appellate Court the claim for damages was given up. The only relief for which a prayer was made by the plaintiff before the learned Addl. District Judge, Kangra, who heard the appeal, was in regard to injunction restraining the defendants from throwing refuse upon the land or using it for burying dead animals or for easing thereon.