Deepak Gupta, J.- This Regular Second Appeal is directed against the JUDGMENT of the learned District Judge, Chamba in Civil Appeal No. 4 of 1998 decided on 29.9.1999 whereby he partly allowed the appeal filed by the appellants (here-in-after referred to as the defendants) and modified the JUDGMENT and decree dated 15.12.1997 passed by the learned Senior Sub Judge, Chamba in Civil Suit No. 572 of 1993.

2. Briefly stated the facts of the case are that respondent Govind Singh (here-in-after referred to as the plaintiff) filed a suit for recovery of Rs. 87,980/- against the defendant Shri Sita Ram. The allegation in the suit was that the plaintiff is owner in possession of land situate in Khata Khatouni No. 260/287 Khasra No. 7131 measuring 404 square yards, in Chamba town and on this land one residential house, court-yard, orchard and agricultural land was existing. The deceased Sita Ram was owner in possession of adjoining land in Khasra Nos. 7127, 7137 and 7136 where he set up a Petrol Pump. The land of the defendant Sita Ram was at a higher level. According to the plaintiff, deceased Sita Ram despite objections by the plaintiff and without any permission constructed a Ku