P.S. Rana, J.

Present regular second appeal is filed under Section 100 of Code of Civil Procedure 1908 against judgment and decree passed by learned District Judge Mandi in Civil Appeal No. 109 of 2003 title Mahesh Prashad vs. Shiv Ram and others whereby learned District Judge Mandi accepted the appeal and set aside the judgment and decree passed by learned Trial Court.

Brief facts of the case

2. Shri Mahesh Prashad plaintiff filed suit for permanent prohibitory injunction and mandatory injunction pleaded therein that plaintiff is owner in possession of house and land comprised in Khata No. 75, Khatauni No. 124 Khasra Nos. 920, 926 and 928 measuring 206.21 Sq. metres situated in Mohal Purani Mandi Tehsil Sadar District Mandi as per jamabandi for the year 1993-94. It is pleaded that defendants have purchased the suit land adjoining to the suit property and raised construction about 3/4 years back. It is pleaded that defendants raised shuttering over the house of plaintiff and plaintiff requested the defendants to remove the shuttering but defendants threatened the plaintiff. It is pleaded that defendants forcibly constructed slab over land of plaintiff in illegal manner. It