JAINA AND ANR Vs. KARAM SINGH

JUDGEMENT

(1.) The defendants have come in second appeal against the judgment, decree dated 15.12.1999 passed by the Additional District Judge, Solan, Camp at Nalagarh in Civil Appeal No. 33-NL/13 of 1998 affirming the judgment, decree dated 24.9.1998 passed by the Sub Judge 1st Class, Nalagarh in Civil Suit No. 47/1 of 1995.

(2.) The facts in brief are that the respondent had filed a suit for permanent prohibitory injunction against the appellants regarding land measuring 576 sq. feet situate in abadi deh bounded as follows: North house of defendant South Courtyard of plaintiff Whether reporters of Local Papers may be allowed to see the Judgment . yes West Gali Share-am East residential house of Karam Singh. The suit land is part of abadi deh comprised in khasra No. 322, khewat/khatauni No. 107/113 min measuring 20-2 bigha, situate at village Jhiran, Tehsil Nalagarh, District Solan vide jamabandi for the year 1988-89.

(3.) The further case of the respondent is that he is owner in possession of the suit property and he stacks fuel wood etc on it. The suit property was purchased by the respondent from the Custodian Department in a public auction for an amount of Rs. 80/- and certificate to this effect was issued by the Naib-Tehsildar cumManaging Officer on 4.10. 1960 which was registered in the office of Sub Registrar, Nalagarh as a deed No. 728 dated 15.12.1960. The appellants have no right, title and interest in the suit property, who threatened the respondent to dispossess him forcibly from the suit property, hence respondent filed the suit.