(Kuldip Singh, J.) - This appeal has been directed against the judgment, decree dated 2.5.1998 passed by learned District Judge, Una in Civil Appeal No. 83 of 1996 setting aside judgment, decree dated 25.6.1996 passed by learned Sub Judge, 1st Class (I), Amb in Case No. 374 of 1986.

2.The facts, in brief, are that Baldev Singh and Sant Ram filed a suit for injunction against Chaman Lal and Banarsi Dass regarding land measuring 2 Kanals 19 Marlas comprised in Khewat No. 111min, Khatauni No. 191min, Khasra No. 218 village Ladoli, Tehsil Amb, District Una vide Jamabandi 1983-84. In the alternative, suit for possession in case defendants succeed in taking possession of the suit land during the pendency of the suit and for mandatory injunction for demolition of structure raised by defendants.

3.The pleaded case of Baldev Singh and Sant Ram was that suit land was owned by them and defendants have no right and title on the suit land, but with a view to grab the suit land they threatened to raise construction and had collected some material, in these circumstances the suit was filed. The plaint was amended pleading therein that during the pendency of the suit Banarsi Dass had