VISHWA KARMA MANDIR Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The plaintiff/appellant herein, instituted hence Civil Suit, bearing RBT Civil Suit No. 282/09/1998, before the learned Civil Judge (Jr. Divn.)-I, Dharamshala, and, therethrough, it, claimed rendition, of, a decree for permanent prohibitory injunction, for restraining, the, defendant, from, interfering, with its peaceful possession, vis-a-vis, the suit khasra number, (i) and, also in the alternative thereto, it, claimed qua in the event of the plaintiff, standing dispossessed, from, any part of the suit property, during, the pendency of the civil suit, before the learned trial Court, thereupon, a, mandatory injunction, by demolition, of structure, if any, raised, upon, the suit khasra number, being pronounced, (ii) besides also claimed, a, decree for recovery, of, Rs.5000/ towards the price of mango tree existing, on, the suit khasra number, and, allegedly felled, from, the suit khasra number. The learned trial Court rendered a decree, for, permanent prohibitory injunction, wherethrough, it restrained the defendant(s), from, raising any construction, upon, the suit khasra number, and also rendered, a, decree of Rs.2000/-, vis-a-vis, the plaintiff, and, comprising the price of two mango trees, illegally felled from the suit khasra number rather by defendant No.1. Defendant No.1 becoming aggrieved therefrom, hence, instituted, a, civil appeal, before the learned First Appellate Court, and, upon the afore civil appeal, the, learned first Appellate Court, made a verdict hence accepting the apposite appeal, and, also obviously set aside, the, judgment, and, decree appealed therebefore, and, directed against, the, verdict rendered, by, the learned trial Court, upon, civil suit No. 282/09/1998.

(2.) The plaintiff becoming aggrieved therefrom, has, for striving to set aside, the, verdict pronounced by the learned First Appellate Court, hence, instituted, the, extant regular second appeal, before, this Court.

(3.) The learned trial Court, had, proceeded to render the afore stated decrees, vis-a-vis, the plaintiff, and, it had in making, an, affirmative verdict, upon, the afore civil suit, hence relied, upon, Ex. P-7, exhibit whereof, is, an order passed, on 26.09.1998 by the Tehsildar concerned,