Tarlok Singh Chauhan, J.

The appellants are the defendants, who being aggrieved and dissatisfied by the judgments and decrees passed by both the learned Courts below, have filed the instant Regular Second Appeal.

The parties shall be referred to as the plaintiff and the defendants.

2. The facts, in brief, are that the plaintiff filed a suit for permanent prohibitory injunction restraining the defendants from raising any construction on land measuring 57-60 sqaure meter, in Khata No. 200, Khatauni No. 282, Khasra no. 723, as detailed in the jamabandi for the year 2000-2001, in Tehsil Dehra, District Kangra, H.P., till the property is partitioned and for mandatory injunction for removal of structure, if raised, over the suit property. The plaintiff has alleged that in family partition dated 29.03.1987 between three brothers, the shop in dispute had fallen to his share and that he was recovering the rent from the tenant.

3. The defendants contested the suit and set up the plea that shop has been demolished by defendant No. 1 after the relinquishment of the tenancy rights in his favour and the delivery of physical possession of the property by him on payment of Rs. 1.10 lac. The