Rajiv Sharma, J.

1. This Regular Second Appeal has been instituted against Judgment and Decree dated 15.12.2006 rendered by the learned Additional District Judge, Shimla camp at Rohru, in Civil Appeal No. 44-R/13 of 2005.

2. “Key facts” necessary for the adjudication of the present appeal 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 declaration, mandatory injunction and seeking direction to the defendants to initiate and complete the acquisition proceedings in respect of land of the plaintiff and damage to his fruit bearing trees. According to the averments made in the plaint, plaintiff and proforma defendant Resham Dei were joint owners of the land comprised in Khata Khatauni No. 47/87 min. Khasra No. 857, 948, 965, 214 situate in Chak Shiladesh, Tehsil Chairgaon, District Shimla, HP measuring 0-17-33, 0-30-94, 0-13-27 and 0-13-29, respectively. However, in the family arrangement, suit land was allotted to the plaintiff. According to the plaintiff, defendants No. 1 to 3 without complying with the provisions of Land