Tarlok Singh Chauhan, J.

This appeal is directed against the order passed by the learned Additional District Judge, Kinnaur at Rampur Bushehar, H.P., whereby he remanded the appeal filed by the respondent herein to the learned trial Court with the direction to appoint local commissioner, invite objections and thereafter decide the same afresh in accordance with law. The parties hereinafter in this judgment shall be referred to as the ‘plaintiff’ and ‘defendant’.

2. It is not in dispute that the parties are neighbourers. The plaintiff is owner in possession of land comprised in Khewat No. 77 min., Khatoni No. 136, Khasra Nos. 734, measuring 00-00- 68 hectares and Khasra No. 1407/1329/735, measuring 00-01-43 hectares, situated at Muhal Khaneri, Tehsil Rampur Bushehar, District Shimla, H.P., whereas the defendant is owner in possession of land comprised in Khewat No. 52 min., Khatauni No. 71, Khasra No. 676, measuring 00-03-13 hectares. The plaintiff filed a suit for injunction on the ground that the defendant in absence of the plaintiff had constructed his house over and above the land comprised in Khasra Nos. 675 and 676 and encroached upon Khasra No. 734. The plaintiff had