TARLOK SINGH CHAUHAN, J. - (1.) This regular second appeal is directed against the judgment and decree passed by learned District Judge, Kullu on 3.7.2012 whereby he reversed the judgment and decree passed by learned Civil Judge (Senior Division), Kullu dated 6.12.2011.
(2.) The parties are ad idem that the facts of the case have been correctly set out in the impugned judgment passed by learned lower Appellate Court and, therefore, the same are extracted from the said judgment.
(3.) Brief facts necessary for disposal of the present appeal are that the plaintiff filed suit pleading that following property (hereinafter to be called suit property) is jointly owned and possessed by the parties: (A) A two storeyed CGI sheet roofed building with attic bearing municipal No. 371 situated at Nehru Chowk, Manali comprised in Khasra No. 711, 712 measuring 0-4-0 Bigha contained in Khatoni No. 773 of Khata No. 536 incorporated in jamabandi for the year 1992-93 of Phati Nasogi, Kothi Manali, Tehsil and District Kullu. (B) A four storeyed CGI shet roofed building with attic situated at Nehru Chowk Manali, Tehsil and District Kullu, comprised in Khasra No. 713 measuring 0-5-0 bigha contained in Khatoni No. 972 of Khata No. 535 incorporated in jamabandi for the year 1992-93 of Phati Nasogi, Kothi Manali, Tehsil and District Kullu. (C) A single storeyed CGI roofed building comprised in Khasra No. 702 measuring 2-11-0 bigha contained in Khatoni No. 974 of Khata No. 537 incorporated in jamabandi for the year 1992-93 of Phati Nasoi, Kothi Manali, Tehsil and District Kullu, (D) A single storeyed CGI roofed building comprised in Khasra No. 702, situated at Nehru Chowk Manali measuring 2-11-0 bigha contained in Khatoni No. 537 of Khata No. 974 incorporated in jamabandi for the year 1992-93 of Phati Nasogi, Kothi Manali, Tehsil and District Kullu. (E) A three storeyed RCC building situated at Dana Bazaar Manali comprised in Khasra No. 750 measuring 0-1-0 bigha contained in Khatoni No. 829 of Khata No. 427 incorporated in jamabandi for the year 1992-93 of Phati Nasogi, Kothi Manali, Tehsil and District Kullu. ;