PROMILA DEVI Vs. BISAMBHAR DASS

JUDGEMENT

(1.) Defendant is the appellant, who aggrieved by the judgments and decrees concurrently passed by the Courts below, has filed the instant appeal.

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

(3.) Plaintiff filed a suit for permanent prohibitory injunction with consequential relief of possession by way of mandatory injunction, on the allegation that he alongwith other co-sharers is the owner in possession of the land comprised in Khata No.10 min, Khatauni No.12, Khasra No.169 measuring 0K-10M as per jamabandi for the year 2002-03, situate in Mahal Daruhan Brahmana, Mouza Mehalta, Tehsil Bhoranj, District Hamirpur, H.P. as non-occupancy tenant by virtue of exchange with Khasra No.289 as described in column of rent. It was averred that the defendant, even though has no concern with the suit land and was unnecessarily and forcibly interfering in such possession, therefore, be restrained by a decree of prohibitory injunction and in case the defendant succeeds in taking forcible possession of the suit land, then a decree of possession be passed in favour of the plaintiff.