Rajiv Sharma, J.

This Regular Second Appeal has been instituted against judgment dated 1.10.2005 rendered by learned District Judge, Sirmaur District at Nahan, HP in Civil Appeal No. 06-CA/13 of 2005.

2. “Key facts" necessary for adjudication of the present appeal are that the appellant-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit against the respondents-defendants (hereinafter referred to as 'defendants' for convenience sake) for injunction and mandatory injunction. According to the plaintiff he was exclusive owner-in-possession of the land as detailed in the plaint. Defendants have started causing interference in the suit land by way of digging for construction without any right, title or interest.

3. Suit was contested by the defendants. Case of the defendant is that they are co-owners of the suit property and shed was built on the suit land long back and no fresh construction was raised during the pendency of the suit.

4. Issues were framed by the learned trial Court on 11.8.2004. Learned Civil Judge (Senior Division) decreed the suit on 3.1.2005. Defendants filed appeal before the District Judge. Appeal was allowed on 1.10.2005. He