SMT. PURAN DASSI Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Additional District Judge, Kinnaur at Rampur Bushehar, H.P., whereby he remanded the appeal filed by the respondent herein to the learned trial Court with the direction to appoint local commissioner, invite objections and thereafter decide the same afresh in accordance with law.

(2.) It is not in dispute that the parties are neighbourers. The plaintiff is owner in possession of land comprised in Khewat No. 77 min., Khatoni No. 136, Khasra Nos. 734, measuring 00-00- 68 hectares and Khasra No. 1407/1329/735, measuring 00-01-43 hectares, situated at Muhal Khaneri, Tehsil Rampur Bushehar, District Shimla, H.P., whereas the defendant is owner in possession of land comprised in Khewat No. 52 min., Khatauni No. 71, Khasra No. 676, measuring 00-03-13 hectares. The plaintiff filed a suit for injunction on the ground that the defendant in absence of the plaintiff had constructed his house over and above the land. comprised in Khasra Nos. 675 and 676 and encroached upon Khasra No. 734. The plaintiff had got the land demarcated through the revenue department, wherein it was found that the defendant has encroached upon Khasra No. 734/1, measuring 00-00-26 hectares. Despite repeated requests, the defendant had not removed the encroachment, hence, the suit.

(3.) The defendant contested the suit by filing written statement wherein, he raised preliminary objections regarding maintainability, cause of action, locus standi and valuation etc. On merits, it was averred that the demarcation as relied upon by the plaintiff was not in accordance with the instructions issued by the Financial Commissioner, therefore, the area reflected therein was wrong. It was further averred that in addition to land comprised in Khasra No. 676, the defendant was also in possession of Khasra Nos. 675, 677 and 679 and had no concern whatsoever with Khasra No. 734 and claimed that since he had not encroached upon any land of the plaintiff, therefore, the suit be dismissed.