Sandeep Sharma, J.

Present regular second appeal filed under Section 100 of CPC is directed against the judgment and decree dated 23.11.2006, passed by the learned District Judge, Bilaspur, HP, in Civil Appeal No. 78 of 2003, reversing the judgment and decree dated 28.6.2003, passed by learned Sub Judge, Ist Class, Bilaspur, H.P. in Civil Suit No. 3/1 of 2000.

2. The key facts necessary for adjudication of the present appeal are that the respondent/plaintiff filed suit for permanent prohibitory and mandatory injunction restraining the appellants/defendants from interfering or raising any construction over the suit land comprising of Khata Khatoni No. 4/6 min, Khasra No. 193 land measuring 5.14 Bighas situated in village Delag, Pargna and Tehsil Sadar, District Bilaspur, HP, in any manner by themselves or through their family members or in alternative if the appellants/defendants succeed in raising construction, to pass decree for demolishing the structure, in favour of the plaintiff and possession be restored to its original plaintiff- Nikra Ram.

3. Respondent/plaintiff, in the averments made in the plaint, claimed himself to be joint owner in possession of land comprised in