Sureshwar Thakur, J.

The instant appeal is directed, against, the impugned verdict recorded, upon, Civil Appeal No.14 of 2003, by the learned First Appellate Court, whereby, it reversed the verdict pronounced by the learned trial Court, upon, Civil Suit No.57-1 of 2000, whereunder, the latter Court, had, dismissed the plaintiff's suit, for rendition of a decree, for, perpetual injunction, and, for mandatory injunction, and, rather the learned First Appellate Court hence partly allowed the plaintiff's appeal, vis-a-vis, rendition of a decree for perpetual injunction, (a) whereas, it declined relief qua rendition of a decree for mandatory injunction, vis-a-vis, the construction raised, upon, the contentious suit khasra numbers, till, the occurrence, of, a valid partition qua the undivided estate, hence inter se the contesting parties.

2. Briefly stated the facts of the case are that the plaintiff filed a suit for perpetual injunction restraining the defendants from raising any construction on the land comprised in Khata/Khtauni No. 116/326 min, Khasra No.864, measuring 0-07-17 hectare, situated in village Tayawal, PO Jeori, Teh. Rampur Bushahr, District Shimla, H.P., and, for