JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. Whether in absence of any relief for declaration can a suit for injunction be maintained? is a moot question that falls for consideration. However, before answering this question, brief facts need to be noticed.

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

2. The plaintiff filed a civil suit for permanent prohibitory and mandatory injunction against the defendants on the ground that he is owner in possession of the land comprised in Khata Khatauni No.6/6, Khasra No. 385, measuring 13-00-00 bighas, situated in Mohal Pukhri, Pargna Chuhan, Tehsil Dalhousie, District Chamba, H.P. It was pleaded that defendant No.1 is also owner of Khasra Nos. 381 and 395, Khata Khatauni No. 79/94, measuring 01-01-00 bighas, situated in the same Mohal. It was further pleaded that the plaintiff has constructed a house over Khasra No. 385 for last more than 25 years and it was also alleged that there is a passage which starts from CBA Pathankot PWD road and goes through Khasra No. 380, 381 and upto Khasra No. 385. It was also pleaded that the said path is in existence for more than 25 years and the plaintiff is using the same and as such, th