SURESHWAR THAKUR
Hari Singh – Appellant
Versus
Piar Chand – Respondent
Sureshwar Thakur, J.
The instant Regular Second Appeal is directed against the impugned judgment and decree rendered by the learned Additional District Judge, Chamba, in Civil Appeal No. 12/2013 of 26.10.2013, whereby it set aside the judgment and decree of 17.4.2013 rendered by the learned Civil Judge (Jr. Div), Chamba in Civil Suit No. 15/2009.
2. Since the appeal stood admitted by this Court on the following substantial questions of law, consequently this court would confine itself to decide the appeal by merely meteing an answer to them.
“1. When it was established on record that the defendant No. 2 has raised construction over his own land then has not the First Appellate Court exceeded its jurisdiction by granting the decree of injunction to the plaintiff.
2. Whether the Ld. First Appellate Court has grossly misread and misconstrued the evidence on record which has resulted in the passing of the illegal and perverse judgment?”
3. Uncontrovertedly the parties at lis before this Court are holding the suit land as co-owners. The respondent/plaintiff (for short “the plaintiff”) herein had instituted a suit against the appellants/defendants (for short “the defendants”) both f
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