- (1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, H.P., dated 20.11.2002, passed in Civil Appeal No.02 of 1996.
(2.) Key facts, necessary for the adjudication of this regular second appeal are that the predecessor-in-interest of Sh. Gorakh Ram and Khembo Ram, respondents-plaintiffs (hereinafter referred to as the plaintiffs) instituted a suit for permanent prohibitory injunction against the predecessor-in-interest of appellants-defendants namely, Sh. Ram Saran (hereinafter referred to as the defendant). According to the plaintiffs, they along with other co-sharers were owners-in-possession of the land comprised in Khata No. 34 min, Khatoni No. 67 min, Kh. No. 239, measuring 2 kanals 6 marlas, situate in Tika Doli Sujanpur, Tappa Bhaleth, Sub Tehsil Sujanpur, Distt. Hamirpur, H.P. (hereinafter referred to as the suit land). The defendant has no right, title or interest over the suit land. The defendant being a head-strong and quarrelsome person, has started giving illegal and unwarranted threats by forcibly raising construction over the suit land.
(3.) The suit was contested by the defendant. According to the defendant, his land adjoins the land of the plaintiffs. The plaintiffs were threatening to dispossess the defendant by raising construction.;