Tarlok Singh Chauhan, Judge (Oral) : The present appeal has been preferred by the appellant/plaintiff against judgment and decree dated 22.4.2002 passed in Civil Appeal No. 21-P/1998 by learned Additional District Judge-II, Kangra at Dharamshala whereby he reversed the judgment and decree dated 24.11.1997 passed by learned Sub Judge 1st Class-I, Palampur, District Kangra, H.P. in Civil Suit No. 151/1 990.

2. The appellant/plaintiff (hereinafter referred to as the ‘plaintiff’) instituted a suit for permanent prohibitory injunction that the land comprised in Khasra Nos. 89/1 and 89/2 as shown in Tatima Ex.PW-1/B bearing Khata No. 72, Khatauni No. 158, situated at Mohal Gorat, Mauza Rajpur, Tehsil Palampur, District Kangra, H.P. was recorded in the ownership as well as possession of the plaintiff. The defendant was stranger to the said land and in September, 1990, the respondent/defendant (hereinafter referred to as the ‘defendant’) started raising a wooden shed over the suit land and also started digging it with the intention to lay fresh foundation. In alternative, the plaintiff prayed that if any part of the suit land was found underneath construction of the defendant, then