BALDEV SINGH Vs. JAGDISH RAJ

JUDGEMENT

(1.) THE defendants are in appeal against judgment, decree dated 7.11.1997 passed by learned District Judge, Solan in Civil Appeal No.43 -K/13 of 1994, reversing judgment, decree dated 26.4.1994 passed by learned Sub Judge Ist Class, Kandaghat in Case No.52/1 of 1991.

(2.) THE facts in brief as per the case of the respondent are that respondent had filed a suit for permanent prohibitory injunction against the appellant regarding land comprised in khata/khatauni No.111 min/146, khasra No. 768 min, measuring 3 -0 bighas, situate in village Dharyan, Pargana Chail, Tehsil Kandaghat, District Solan on the grounds that he is in possession of the suit land and appellants who are residents of village Kalhog are owners of adjoining land, rather influential persons, appellant No.1 being up -pardhan of village Gram Panchayat and taking undue advantage of his position as up -pardhan are interfering unnecessarily and without any cause in the land of the respondents. The appellants have no right title or interest on the suit land. The respondents had also filed an application under Section 145 Cr.P.C. before Sub Divisional Magistrate, Kandaghat and the proceedings are pending.

(3.) IN replication the respondent had reiterated his case and denied the stand of the appellants. On the pleadings of the parties, the following issues were framed by the learned trial court: -