BRAHAM DATT Vs. PREM CHAND AND OTHERS

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 5.8.1993 passed by the learned District Judge, Hamirpur whereby the judgment and decree dated 10.3.1987 passed by the learned Senior Sub Judge, Hamirpur decreeing the suit of the plaintiff has been set aside.

(2.) Brief facts leading to the presentation of this appeal are as follows :

(3.) The plaintiff/appellant (hereinafter referred to as the plaintiff') instituted a suit for possession of land measuring 3 Marlas comprising a part of land khasra No. 163/1, 'khata Khatauni No. 44/68 situate in Tika Kot Tappa Kohla, Sub. Tehsil Nadaun, District Hamirpur (hereinafter referred to as "the suit land"). case of the plaintiff as made out in the plaint is that the land khasra No. 163 measuring) Kanal 16 Marlas was jointly owned by the plaintiff and respondents-defendants 1 to (hereinafter referred to as "the defendants"). After partition khasra No. 163/1 was allotted to the plaintiff and khasra No. 163/2 was allotted to the defendants. The defendants however by raising a wall encroached upon 3 marlas of the land specified as Khasra No. 163/1/2. The defendants were asked to remove the wall and vacate the unlawful possession but in vain. Hence, the suit for possession of the suit land after demolition of the wall raised thereon by the defendants.