(Sanjay Karol, J.) - By way of present appeal, the plaintiffs has assailed the judgment and decree dated 25.9/2003 passed by the Addl. District Judge, Sirmaur District at Nahan in Civil Appeal No. 22/1 of 2002 titled as Udai Ram & another vs. Ram Lal.

2.For the purpose of convenience, appellants are hereinafter referred to as ‘the plaintiffs’ and the respondent is referred to as ‘the defendant’.

3.Plaintiffs suit is for possession of land measuring 1 biswa 7 biswacies bearing Khasra No. 322/85/1 situated in village Sataun, Tehsil Paonta Sahib, District Sirmaur, H.P. The defendant purchased land adjacent to the suit land and started raising construction thereupon. A dispute arose as to whether the defendant had actually encroached upon the plaintiffs land and raised construction thereupon. Shri Inder Singh son of one of the plaintiffs on 30.12.2001 moved an application and got the land demarcated from the Tehsildar, Paonta Sahib in the presence of Shri Kuldeep Singh, son of the defendant. It was so found that the defendant had encroached upon the plaintiffs’ land, situate on Khasra No. 322/85/1 carved out of the original Khasra No. 132/85. Inspite of plaintiffs’ requ