Kuldip Singh, Judge

This judgment shall dispose of RSA No.320 of 2000 and RSA No.333 of 2000 both having arisen from common judgment, decree dated 1.4.2000 passed by learned District Judge, Chamba in Civil Appeal No.6 of 1999. In this judgment the parties are referred from RSA No.320 of 2000.

2. The facts in brief are that appellant had filed a suit for possession of land comprised in khasra No.326/1 measuring 46 square yards and 4 square feet, khasra No.347/324/3, measuring 42 square yards and 4 square feet. The suit is also for possession of land comprised in khasra No.347/324/1, measuring 12 square yards and 2 square feet and land comprised in khasra No.347/324, measuring 9 square yards and 7 square feet by way of mandatory injunction by demolition of two latrines and portition of house illegally constructed over the said khasra numbers by respondent.

3. The further case of the appellant that he was co-sharer with his brother. The land was partitioned by the brothers and a report to this effect was made to Patwari Halqua on 30.11.1989 and mutation No.107 of partition was attested by Assistant Collector. On the basis of family partition, the appellant became owner in p