SATYA PAL Vs. RAMA NAND

JUDGEMENT

(1.) This second appeal arises out of the concurrent judgments and decrees of Shri Jasbir S.Dhaliwal, District Judge, Sirmaur District, Nahan dated 22 -8 -1991 and Shri Rajan Gupta, Sub -Judge, 1st Class, Kandaghat Camp at Rajgarh dated 25 -5 -1990 decreeing the suit of the plaintiff -respondent.

(2.) The plaintiff -respondent filed this suit for permanent injunction restraining the defendant -appellant from causing any act of waste, damage, cutting trees from the suit land and alienating the best piece of joint land or land in excess of their share, as per the description of the same given in the plaint as well as in Para 1 of the impugned judgment of the learned lower appellate Court.

(3.) The suit was filed by the plaintiff claiming that he was owner in possesion of the suit land that one Janki Devi, widow of Shri Nathu had gifted her share in the suit property through a registered gift deed dated 27 -10 -1985, which was accepted by him and mutation of ownership had been sanctioned in his favour. It was further pleaded that the defendants -respondents had no right to alienate his share in the joint land or some parts and that the defendants had brought a contractor on 20 -11 -1987 for removal of the trees standing on the joint land which gave him a cause of action and that he would suffer irreparable loss if the defendants succeeded in their design.