Chander Bhusan Barowalia, J.

The present regular second appeal is maintained by the appellant, who was the defendant before the learned Trial Court (hereinafter to be called as “the defendant”), laying challenge to the judgment and decree, dated 31.07.2007, passed by learned District Judge, Kangra at Dharamshala, in Civil Appeal No. 30-G/XIII/2005, whereby judgment and decree, dated 31.01.2005, passed by the learned Civil Judge (Jr. Division), Court No. 2, Dehra, District Kangra, H.P., in Civil Suit No. 137 of 2000, was set aside.

2. Briefly, the facts, which are necessary for determination and adjudication of the present appeal, are that the respondent, who was the plaintiff before the learned Trial Court (hereinafter to be called as “the plaintiff”) instituted a suit against the defendant, under Sections 38 & 39 of the Specific Relief Act for perpetual and prohibitory injunction. He prayed that the defendant be restrained from digging foundations, raising construction and changing nature of the land, shown in site plan, marked ABCDEFGH and also from blocking the path, as shown in pink colour, in the site plan, comprised in Khata No. 158 min, Khatauni No. 164 min, Khasra N