RATTANI Vs. DHARAM CHAND ALIAS DHARMAN

JUDGEMENT

(1.) This Second Appeal has been directed by the defendants against the judgment and decree dated 17.3.1993 of the learned District Judge, Una, affirming the judgment and decree dated 28.2.1989 of the learned Sub Judge 1st Class (I), Amb.

(2.) Briefly stated, the facts of the present case are these. The plaintiffs are the owners of the land comprising of Khasra No. 1866 of village Mawa Syndhian. The defendants own the adjacent land comprising of Khasra Nos. 1867 and 1849. The plaintiffs filed a suit for a permanent injunction seeking to restrain the defendants from interfering with their land comprising of Khasra No. 1866 and from encroaching upon a part of this land denoted as ABEF in the site plan attached to the plaint and also for restraining the defendants from cutting and removing mango and other trees from such land. In the alternative, the plaintiffs have sought possession of the land measuring 0 -16 marlas shown as ABEF in the site plan.

(3.) The defendants, while resisting the suit denied having ever interfered with the plaintiffs land. It was, however, pleaded that in case any part of the land belonging to the plaintiffs is found in their possession, they have acquiesced title thereto by way of adverse possession.