DEVI RAM Vs. SANIA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment, decree dated 10.8.1998, passed by learned District Judge, Shimla in Civil Appeal No.5 -S/13 of 1997, affirming judgment, decree dated 30.11.1996 passed by learned Sub Judge Ist Class, Theog in Case No.119/1 of 90.

(2.) THE facts in brief are that respondent No.1 had filed a suit for permanent prohibitory injunction against appellant and proforma respondent No.2 on the pleaded case that proforma respondent No.2 is owner of land comprised in khasra No.637/884/215, khewat khatauni No.99/156, measuring 8 -12 bighas, situated in Chak Mool Matiana vide jamabandi 1986 -87. The residents of village Mool Matiana are in possession thereof, who are using the suit land as Charand for grazing their cattle. The respondent No.1 has constructed a house on his own land comprised in khasra No.695/215 measuring 4 -1 bighas which is adjacent to the suit land. The respondent No.1 has passage through the suit land. The appellant had tried to encroach the suit land for his exclusive use and also tried to dig a portion thereof with a purpose to make fields. The appellant had also threatened to block the path leading to the adjoining land of respondent No.1. In these circumstances, the suit was filed.

(3.) IN replication, the respondent No.1 reiterated his case. On the pleadings of the parties, the following issues were framed: -