KULDEEP CHAND Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) By way of this appeal, the appellant/plaintiff has prayed for setting aside the judgment and decree dtd. 30/10/2004, passed by the Court of learned Civil Judge (Junior Division), Court No. 1, Amb, District Una, vide which, suit for permanent prohibitory injunction and in the alternative for possession filed by the appellant was partly decreed, as also for setting aside the judgment and decree dtd. 30/10/2006, passed by the Court of learned Additional District Judge, Una, District Una, whereby appeal filed by the appellant against the judgment and decree passed by the learned Court below stood dismissed.

(2.) Facts necessary for adjudication of this appeal are as under:

(3.) Defendants opposed the suit, inter alia, on the ground that plaintiff had no right, title or interest over the suit land comprised in Khasra No. 905. As per the defendants, there existed a path over Khasra No. 907. Khasra No. 905 was stated to be owned by Panchayat Deh and was possessed by Bashindgan Deh, over which, old abadi of defendants existed, which had fallen down and Kharposh Chhaper stood constructed by defendant No. 1 about 40 years back, who still continued to be in possession over the same. Defendants denied that any ancestral abadi of plaintiff existed over the suit land.