GOPI CHAND Vs. SONAM DASS

JUDGEMENT

(1.) The appellants before this Court are the plaintiff and proforma defendant No. 4, hereinafter referred to as the plaintiffs. They have preferred the present second appeal against the judgment and decree dated 10.7.1991 of the learned Additional District Judge (1), Shimla, affirming the judgment and decree dated 13.7.1987 of the learned Senior Sub Judge, Kinnaur at Kalpa.

(2.) The subject -matter of the dispute between the parties is the land measuring 0 -00 -48 Hects. comprising of old khata No. 114 min, khatauni No. 158 and khasra No. 249/1 corresponding to the present khata No. 67, khatauni No. 125, Khasra Nos. 640 and 641 of village Aasrang, Tehsil Moorang, District Kinnaur, specifically described in the plaint and the Jamabandi for the year 1978 -79 and hereinafter referred to as the land in dispute.

(3.) Briefly stated, the facts of the present case are that the land in dispute was joint of the parties. The defendants sometime in the year 1981 without the consent and permission of the plaintiffs started construction of a house in such joint land in an unauthorized manner, where upon the plaintiffs filed a suit for permanent injunction against the defendants for restraining them from raising such construction. The defendants did not put in appearance in such suit. They were proceeded against exparte. They, however, succeeded in raising the construction. The suit filed by the plaintiffs was decreed ex parte against the defendants whereby a mandatory injunction was granted in favour of the plaintiffs for the demolition/removal of the construction raised by the defendants.