Ajay Mohan Goel, J.

By way of this appeal appellant has assailed the judgment passed by the Court of learned District Judge, Kullu in Civil Appeal No. 41 of 2009 dated 26.10.2010, vide which learned appellate court while allowing the appeal filed by present respondents No.1 and 2 (plaintiffs) set aside the judgment and decree passed by the Court of learned Civil Judge (Sr. Division) Lahaul-Spiti at Kullu in Civil Suit No. 8 of 2008 dated 18.6.2009, whereby learned Civil Judge had dismissed the suit so filed by plaintiffs under Order 17 Rule 3 CPC. Records demonstrate that suit for possession was filed by present respondents/plaintiffs (hereinafter referred to as ‘plaintiffs) for retraining defendant by way of permanent injunction from causing interference over the suit land and for restraining defendant from dispossessing them from the suit land and the factory building standing thereon.

2. The suit so filed by the plaintiffs was resisted by the defendant by way of written statement.

3. On the basis of pleadings of the parties, learned trial court framed the following issues:-

“1. Whether the plaintiffs are in possession of the suit property? OPP.

2. If issue No.1 is proved, w