SIRI RAM Vs. RAKESH KUMAR

JUDGEMENT

(1.) The defendants are the appellants, who aggrieved by the judgment and decree passed by the learned first appellate Court on 17.09.2008 whereby he reversed the judgment and decree passed by the learned trial Court on 15.02.2001, have filed the instant appeal.

(2.) The parties shall be referred to as the 'plaintiff' and the 'defendants'.

(3.) The plaintiff filed a suit for injunction on the ground that the defendants out of the land comprised of Khata No. 253 min, Khatauni No.285 min, Khasra No. 1903/1212, measuring 19 Kanals 15 Marlas, situated in Tika Barsar, Tappa Panjgran, Tehsil Barsar, District Hamirpur, H.P. had leased out 3 Kanals 1 Marlas comprised of its original No. 1006/698/2/1, in favour of the plaintiff vide lease deed dated 15.02.1986 for 15 years. After taking possession of the suit land, the plaintiff was running a petrol pump there. It was averred that in the month of October, 1993, when the lease was still in operation and had not expired, the defendants started interfering with the possession of the plaintiff over the suit land and threatened to raise construction thereupon, hence, the suit.