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1972 Supreme(HP) 34

D.B.LAL
Mahadev Bairi Co – Appellant
Versus
Kesho Dass – Respondent


Advocates:
S. Malhotra, for Appellants; Chhabil Dass for Respondents.

Judgement

JUDGMENT :- Although the present proceedings have been submitted to Court in the nature of second appeal, yet the learned counsel agree that the present proceedings are, in fact, invoking revisional jurisdiction of this Court. The petitioners are M/s. Mahadev Bajri Company and others, and their contentions are that they were defendants in a suit filed by respondents Kesho Dass and Onkar Nath for the relief of permanent injunction relating to a land, in all measuring 2070 kanals 6 marlas, which is stated to be under lease with the plaintiff-respondents from the proprietors of village Mohtli, Tehsil Nurpur of the District of Kangra. The plaintiff-respondents asserted that they were in peaceful possession over the land and the lease related to extraction of bajri, stones and sand etc. from the land, including a right of passage which was conferred upon them exclusively and this passage, they have further protected by setting up a barrier. According to plaintiffs, the defendant-petitioners have interfered in their possession and have also intended to remove the barrier because the defendants 1 and 2 have leased out some adjoining land to defendants 3 to 5 for a similar purpose














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