BIR SINGH ALIAS BEERU (DECEASED) Vs. SARWAN SINGH

JUDGEMENT

(1.) The defendant is the appellant, who aggrieved by the judgments and decrees concurrently passed by the learned Courts below, has filed the instant appeal. The parties hereinafter shall be referred to as the 'plaintiff' and 'defendant'.

(2.) The plaintiff filed a suit for permanent prohibitory injunction on the ground that he was absolute owner in possession of the land measuring 0-5 biswas comprised in Khasra Nos. 1390/1356/1034(0-4), 1392/1358/1053 (0-1), comprised in Khewat/Khatauni No. 157/193 and is co-owner in possession of land measuring 1 bigha 11 biswas bearing Khasra Nos. 1357/1034 and 1359/1053, comprised in Khewat/Khatauni No. 158/194 min, situated in Village Bhogpur, Pargana Plassi, Tehsil Nalagarh, District Solan,H.P. (for short the 'suit land'). It was further averred that even though the defendant was stranger to the suit land having no right, title or interest, yet he was raising construction forcibly over the suit land and, therefore, he should be restrained from doing so, hence, the suit.

(3.) The defendant filed written statement as well counterclaim. The subject-matter of the counter-claim was land comprised in Khasra Nos. 1490/1356/1034 (0-6) biswas and 1492/1358/1053 (0-1) biswas, situated in the area of Village Bhogpur, Tehsil Nalagarh, District Solan. The defendant claimed to be the owner in possession of this land and averred that since the plaintiff had no right, title or interest over this land, therefore, he should be restrained from doing so.