KULDIP CHAND SOOD, J. - (1.)This appeal arises from the orders of remand made by learned Additional District Judge, Solan vide his judgment dated November 21, 2001.
(2.)It appears, Inderjit Chohdha filed a suit against the defendants Gian Chand Khatana, Harish Khatana and Ramesh Khatana for Permanent Prohibitory Injunction seeking to restrain the defendants from interfering in the land of the plaintiff comprised in Khasra numbers 831/558, 834 / 565 and 562 situate in mauza Kather, Tehsil and District Solan and cutting of two khadak trees on the said land.
(3.)The case of the plaintiff was that the suit land measuring 179 sq. mtrs. have two khadak trees standing on it. Plaintiff with an Intention to develop the same for the construction of the house, wanted to cut these trees and for that purpose, he applied to the Municipal Committee, Solan. The permission was granted to cut these two trees on June 19, 1991. The plaintiff employed his labour to fell the trees but they were resisted by the defendants. Defendants threatened the labour with dire consequences if they felled the trees. It is in this background that plaintiff filed the suit.