JAI SINGH Vs. DHIAN SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 28.4.2009 passed by the learned Additional District Judge (2), Kangra at Dharamshala in Civil Appeal No.2-N/XIII/2004.

(2.) The material facts necessary for adjudication of this regular second appeal are that the appellant/plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) has instituted a suit for injunction. The case of the plaintiff is that he alongwith other co-owners is in possession of land comprised in Khata No.87 min, Khatauni No.181 min, Khasra Nos. 98/1 measuring 1 kanal 15 marlas, 98/2 measuring 4 marlas, 98/4 measuring 4 marlas, 98/6 measuring 1 kanal 2 marlas, plots 4, total land measuring 3 kanals 5 marlas, situate in Mohal Mugdial, Mauza Chhattar, Tehsil Nurpur, District Kangra, which has come to him by virtue of partition in Civil Suit No.38 of 1992 pursuant to which warrant of possession was issued on 24.5.1995 and Rapat Number 398 dated 24.5.1995 was also made. According to him, the defendants/respondents (hereinafter referred to as "the defendants" for convenience sake) are strangers and have no right, title and interest in the suit land, which was abadi.

(3.) Defendant No.1, Rai Singh died during the pendency of suit before the learned trial Court and his legal representatives, namely, Onkar Singh and Sansar Singh were brought on record vide order dated 10.9.1999.