- (1.)The plaintiff has filed this appeal against judgment, decree dated 30-8-1997, passed by learned District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 43 of 1995/93, affirming judgment, decree dated 31-3-1993 passed by learned Sub-Judge 1st Class, Rampur Bushar in Civil Suit No. 104-1 of 1984 dismissing the suit of the plaintiff.
(2.)The facts in brief are that on 9-10-1984 appellant had filed a suit for declaration that he is owner in possession of land measuring 2 bighas comprised in khata khatauni No. 7/14 min, khasra No. 196/80/1, mauza Arout, Pargana Chabishi, Tensil Kumarsain, Distt. Shimla. The consequential relief of permanent prohibitory injunction was also prayed.
(3.)The case of the appellant is that he had purchased the suit land in the year 1974 for a sale consideration of Rs. 1500/- from one Hira Nand who had earlier purchased the suit land from Sada Nand father of respondent. It is the case of the appellant that he is in physical possession of the suit land on which he has planted apple trees. The respondent on 1-10-1984 had threatened to interfere in the possession of the appellant, hence appellant filed the suit.