Kuldip Singh , Judge:-This appeal has been directed against the judgment, decree dated 8.6.1998 passed by the learned Additional District Judge, Shimla in Civil Appeal No. 16-S/13 of 1993, setting-aside the judgment, decree dated 30.12.1992 passed by the learned Sub Judge 1st Class (I), Shimla in C. Case No. 50/1 of 1987. The respondents 1 to 3 were the plaintiffs, appellant was defendant No.1 and respondent No.4 was proforma defendant No.2 in the suit.

2. The facts, in brief, are that respondents 1 to 3 filed a suit for permanent prohibitory injunction restraining the appellant from interfering and raising construction on land comprised in Khasra Nos. 352, Mouza Gharot. The case of the respondents 1 to 3 is that they and respondent No.4 are joint owners in possession of the suit land. On 21.7.1987 the appellant had started interference on the suit land when he started digging the suit land with a purpose to raise construction thereon. He was requested not to do illegal interference on the suit land but he did not oblige the respondents 1 to 3 and, therefore, the suit was filed.

3. The suit was contested by the appellant by filing a written statement in which he took preli