DEV RAJ Vs. NIHAL SINGH

JUDGEMENT

(1.) The instant appeal, stands, directed by the aggrieved plaintiff, against, the verdict recorded by the learned First Appellate Court, upon, Civil Appeal No.19ADJ-II/13 of 2018, wherethrough, the learned First Appellate Court, has, reversed the verdict, and, decree, pronounced, vis-a-vis, suit khasra numbers, and, qua the plaintiff, and, wherethrough, the defendants were restrained, from, interfering with the suit khasra numbers, till, legal partition thereof occurs, through, metes, and, bounds. The plaintiff being aggrieved therefrom, hence through, casting the instant Regular Second Appeal, before this Court, prays for reversal of the verdict, rendered, by the learned First Appellate Court, upon, the afore civil appeal.

(2.) Xxx XXX XXX

(3.) Briefly stated the facts of the case are that the plaintiff, defendants and other co-owners are in possession of the land comprised in khewat/khatauni No. 30/49, khasra Nos. 3, 16, 17, 22, 24, 270, 271, 272, 273, 276, 278, 279, 280, 282, 283, 284, 285, 286, 287, 290, 291, 292, 294, 295, 296, 678/409, 436, total kita-29, measuring 84-12bighas, situated at mauza Banjani, Tehsil Kandaghat, District Solan, H.P. The suit land is joint between the parties, as such no co-owners have right, title and interest to raise any kind of construction over any portion of the suit land without the permission and consent of the others till it is partitioned in accordance with law. That the defendants are quarrelsome persons and have no regard for the law and hence they have started digging the suit land to raise the construction over the best portion of the land and also started to cut and remove the valuable trees without the consent of the other co-owners. Plaintiff tried his level best to stop them not to do so but proved in vain. Hence the plaintiff filed suit for permanent prohibitory injunction against the defendants.