GRAM PANCHAYAT BASOLI Vs. VASHISHT KUMAR

JUDGEMENT

(1.) The appellant is the defendant, who after having lost before both the courts below, has filed the instant regular second appeal.

(2.) The parties shall be referred to as the "plaintiff" and "defendant".

(3.) Briefly stated the facts leading to filing of the present appeal are that the plaintiff filed a suit for permanent prohibitory injunction on the allegations that he is co-owner with others in 'Mushtarka Malkan' land and is in possession of shed/site marked with letters ABCD, as shown in the site plan, over the land comprised in Khasra No. 913, Khewat No. 225 min, Khatauni No. 251 min, situated in Village Up Mohal Upperli Basoli, Tehsil and District Una, H.P. Earlier, the father of the plaintiff was running his business over the suit land, but due to his old age, the plaintiff had been running his business of confectionery and Prashad etc. for earning livelihood of his family. The suit property was owned and possessed by 'Mushtarka Malkan' of the village and the defendant had no right over the same, yet the defendant was threatening to interfere with the peaceful possession of the plaintiff to oust him forcibly from the suit land. Hence. the suit.