P.S. Rana, J.

1. Present regular second appeal is filed under Section 100 of Code of Civil Procedure 1908 against judgment and decree passed by learned District Judge Shimla (H.P.) in Civil Appeal No. 29-S/13 of 2000 title Dharmi and others vs. Jania.

Brief facts of the case

2. Plaintiff filed suit for permanent prohibitory injunction restraining defendants from interfering in suit land comprised in Khata No. 173 min, Khatauni No. 431 Khasra No. 325 min old new Khasra No. 1467 situated in mauja Karalash Tehsil Rohru District Shimla H.P. It is pleaded that suit land was previously owned and possessed by Shanti Kumar and Mohan Dutt sons of Bihari Lal. It is pleaded that vide mutation No. 6403 suit land was purchased by Gita Ram. It is pleaded that suit land was exchanged with plaintiff by Gita Ram vide mutation No. 113 dated 15.10.1994 and plaintiff became exclusive owner in possession of suit land. It is pleaded that Shyam Piari filed civil suit No. 34-1 of 1990/59-1 of 1992 title Shyam Piari vs. Gita Ram in the Court of learned Civil Judge Rohru and same was decided on 28.4.1994. It is pleaded that right of plaintiff is not effected by former civil suit. It is pleaded that d