JAI KISHAN AND OTHERS Vs. SITA RAM

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for permanent prohibitory injunction, as well as in alternative, for, rendition of a decree for possession qua the suit khasra number(s) , was, hence decreed.

(2.) Briefly stated the facts of the case are that the plaintiff Sita Ram on 16.8.1999 had instituted a civil suit for permanent injunction against the defendants on the averments that he along with others is joint onwer in possession of land bearing Khata No.133 min, Khatoni No.134 min, Khasra No.3390, measuring 4 kanals, 18 marlas, situate in Tika Jajri, Mouza and Sub Tehsil Dhatwal, District Hamirpur. The defendants had no right, title or interest upon the suit land. The defendants had started interfering with the ownership and possession of the plaintiff over the suit land w.e.f. first week of August, 1999. The defendants had been cutting grass from the suit land. They had also started digging the same with a view to construct a road through the suit land. The defendants had been requested not to do so, but without any result and hence the suit for permanent injunction against the defendants. It is also averred that in case the defendants were successful in taking forcible possession of the suit land, a decree for possession be passed.

(3.) The defendants contested the suit and filed written statement, wherein, he has taken preliminary objections inter alia maintainability, non joinder of necessary parties and want of cause of action. On merits, the defendants had admitted the ownership and possession of the plaintiff and others over the suit land.