RAVI DUTT Vs. MADAN LAL

JUDGEMENT

(1.) The defendant is the appellant, who aggrieved by the judgment and decree passed by the learned first appellate Court on 13.10.2006, has filed the instant Regular Second Appeal, whereas, the plaintiff/respondent has preferred the Cross Objections against the aforesaid judgment and decree.

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

(3.) The plaintiff filed a suit for permanent prohibitory injunction and in the alternative for possession on the ground . that he is owner in possession of land comprised in Khata No. 1185min, Khatauni No.1645min, bearing Khasra Nos. 2072/1850/1, 3146/1844, 3148/1850/2, kitas-3, measuring 0-5- 10 bighas out of total land measuring 0-10-0 bighas presently bearing Khasra No. 3146/1844/1, 3148/1850/2/1 and 2072/1850/1/1 of Phati Dhalpur Kothi Maharaja, Tehsil District, Kullu, H.P. (hereinafter referred to as the suit land), whereas, the defendant is owner in possession of land and measuring 0-5-10 bighas, bearing Khasra No. 3146/1844/1, 3148/1850/2/2, 2072/1850/1/2, situated on the Southern boundary of the suit land. It was averred that the defendant has already constructed a three storeyed building over his land leaving iron bars towards the suit land with intention to extent projections of his third storey overlapping the suit land. It was further averred that the defendant during the pendency of the suit despite ad-interim injunction granted by this Court vide order dated 08.10.2004 encroached upon the Southern boundary of the suit land to the extent of 2' x 80' by raising overlapping projection and putting barbed wire fencing and 0-0-6 bigha of the suit land on the Eastern side boundary by raising Khokha thereon. It was also averred that the possession of the defendant over the aforesaid portion of the suit land is illegal and unauthorized, hence, the suit.