H P S E B Vs. HARI CHAND

JUDGEMENT

(1.) THE appellants are the "defendants" in the suit filed by the respondent who is the "plaintiff". They are referred to as such hereinafter.

(2.) THE defendants have assailed the judgment and decree dated 30th August, 2007 passed by the District Judge, Kangra at dharamshala, H. P. in Civil Appeal No. 24-J/xiii/2006 titled as H. P. State Electricity board and others v. Hari Chand, affirming the judgment and decree dated 22nd November. 2005 passed by Civil Judge (Sr. Division), jawali, District Kangra in Civil Suit no. 99/99 titled as Hari Chand v. H. P. State electricity Board and others.

(3.) PLAINTIFF is the owner of land comprising in Khata No. 417 min, Khatauni No. 530 min, Khasra No. 568/1, measuring 0-2-97 hects, situated in Tikka Samkar, Mauza dhameta, Tahsil Fatehpur, District Kangra, h. P. (hereinafter referred to as the plaintiffs land' ). The southern side of the said land is abutted by the land belonging to the (sic)H. P. Public Works Department (hereinafter referred to as the 'suit land') through which he has access to the National Highway. The suit land recorded in the revenue record as "gair Mumkin Sarak", touches the National highway on the one end and the plaintiffs land on the other end.