JUDGMENT

Chander Bhusan Barowalia, J. - By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned Additional District Judge, Fast Track Court, Shimla, District Shimla, in Trial Court Case No.69/1 of 2002, dated 13.9.2007, vide which, the learned lower Appellate Court, has affirmed the judgment and decree passed by the learned Civil Judge (Junior Division), Court No.3, Shimla, District Shimla, in Civil Suit No.69/1 of 2002, dated 27.2.2007.

2. Material facts necessary for adjudication of this Regular Second Appeal are that appellant-plaintiff (hereinafter referred to as 'plaintiff') maintained a suit for permanent prohibitory injunction against the respondent-defendant (hereinafter referred to as 'defendant') alleging therein that plaintiff is recorded owner-in-possession of land comprising in Khata No.1, Khatauni No.4, Khasra No.164, measuring 0- 09-75 hectares, situated at Mauja Kavi, Pargana Kaimli, Tehsil and District Shimla (hereinafter referred to as 'suit land'). Even though, other persons are also recorded as owners of the suit land, but the plaintiff is recorded as physical possession of the entire land. Defendant is recorded as o