KAMAL DEV Vs. HANS RAJ

JUDGEMENT

(1.) This appeal has been preferred by the appellants-defendants (hereinafter referred to as 'the defendants') against the judgment and decree dated 16-12-1995 passed by the learned Addl. District Judge, Kangra while holding camp at Una whereby the first appeal preferred by the defendants before him has been dismissed and the judgment and decree dated 30-12-1989 passed by the learned Sub-Judge Ist Class (I), Una was confirmed.

(2.) Brief facts leading to the presentation of this appeal may be stated as follows :

(3.) The respondent-plaintiff (hereinafter referred to as 'the plaintiff') instituted a suit for permanent injunction restraining the defendants from interfering or taking forcible possession and digging out foundations or raising any sort of construction on the land marked ABCD specifically shown in red colour in the site plan filed along with the plaint forming a part of the land comprising khewat No. 360, khatauni No. 672 min, khasra No. 4343/3820 measuring 1 kanal, 11 marlas situate in village Una, Teh. and Distt. Una (hereinafter referred to as 'the suit land') and in the alternative for possession through removal of the construction. Case of the plaintiff as made out in the plaint is that the suit land is owned and possessed by him. The defendants claim to have purchased khasra No. 4344/3820 measuring 14 marlas and are conspiring and threatening to encroach upon the suit land marked as ABCD in the site plan forming part of khasra No. 4343/3820 and are also threatening to dig out the foundations and raise construction forcibly, illegally, unauthorisedly and without the consent of the plaintiff and are collecting building material, though they have no right and interest in the suit land. The defendants were asked to refrain from their unlawful acts but they have refused to accede to the requests of the plaintiff. Hence the suit.