V.K. Ahuja, J. :

This is a Regular Second Appeal under Section 100 C.P.C. filed by the original appellant Uday Singh Negi, now represented by his L.R. against the judgment and decree dated 1.7.2000 of the Court of learned District Judge, Kinnaur, reversing the judgment and decree passed by the learned Senior Sub Judge, Kinnaur, dated 10.12.1996, dismissing the suit of the plaintiff/respondent for permanent prohibitory injunction.

2. Briefly stated, the facts of the case are that respondent No. 1 hereinafter referred to as the plaintiff filed a suit for permanent injunction as against the appellant hereinafter also referred to as defendant No. 1 and in which the original proforma respondent Raj Kumar, now deleted, was impleaded as proforma defendant/defendant No. 2.

3. The facts as alleged by the plaintiff were that the plaintiff and proforma defendant were working outside since the plaintiff was posted at Delhi, while proforma defendant is presently deployed outside India in Sweden. It was alleged that father of the plaintiff and proforma defendant, namely, L.S. Negi, owned and possessed movable property including the suit land comprised in