RAMESH KUMAR Vs. CHAMEL SINGH

JUDGEMENT

(1.) The present petition has been filed under Section 115 of the Code of Civil Procedure assailing the order dated 8.12.2008 passed by the Additional District Judge, Sirmaur District at Nahan, H.P. in Civil Misc. Appeal No. 9-N/14 of 2008 whereby the order passed by the Civil Judge (Junior Divison), Nahan, District Sirmaur, H.P. in Civil Misc. Application No. 48/6 of 2007, dated 17.5.2008 stands affirmed.

(2.) Petitioner is referred to as the plaintiff and the respondent is referred to as the defendant.

(3.) The plaintiff filed Civil Suit No. 40/1 of 2007, titled as Ramesh Kumar v. Chamel Singh in the Court of Civil Judge (Junior Division) Nahan, District Sirmaur, H.P. seeking permanent prohibitory injunction. Alongwith the suit the plaintiff filed an application under Order 39 Rules 1 and 2 read with Section 151 C.P.C. alleging that the plaintiff is co-owner of the land comprised in Khata Khatauni No. 1/1, Khasra No. 103/2, measuring 11.1 bighas, situated at Mauja Devni, Pargana Khol, Tehsil Nahan, District Sirmarur, H.P. (hereinafter referred to as the suit property). The land was allotted to Sh. Ajmer Singh alongwith one Smt. Supna Devi widow of late Sh. Jiwan Singh alongwith other land vide mutation No. 753 dated 30.1.2004. After the demise of Smt. Supna Devi her half share devolved upon the plaintiff and his brothers which is evidenced by mutation No. 779 dated 24.6.2005 and also the record of rights i.e. Jamabandi for the years 2002-2003. The plaintiff is residing separately from his father and the suit property being exclusively possessed by him pursuant to a family partition effected by his father, the plaintiff is the exclusive owner of the suit land. The defendant is owner of the land comprising khasra Nos. 102 and 103/1 which is adjacent to the suit land. The defendant's land is being independently irrigated through Haudi No. 1 of Kacha Kuhal. However, with evil design the defendant forcibly tried to enter the suit land and by digging the same started creating another irrigation channel from Haudi No. 2 as depicted in the site plan. The defendant having no right, title and interest over the suit land is encroaching upon the plaintiff's valuable right and interest by creating a water channel through the suit land.