JUDGMENT

Sureshwar Thakur, J. - The instant appeal stands directed, against, the verdict pronounced, by, the learned First Appellate Court, whereunder, it, after partly allowing the defendant''s appeal, as reared therebefore, rather hence affirmed, the decree, rendered, by the learned Civil Judge (Junior Division), Sarkaghat, District Mandi, visavis, the decree of permanent prohibitory injunction, whereas it reversed, the relief of mandatory injunction, recorded, visavis, the suit property, by the learned trial Judge. The aggrieved therefrom, has, hence preferred the instant appeal, before this Court.

2. Briefly stated the facts of the case are that the parties to the suit along with other cosharers were joint owners in possession of land comprising khewat No. 145, khatauni No. 241, khasra No. 2188, 2194 and measuring 0 0689 hectares, situated in village Jamsai/226, Tehsil Sarkaghat, District Mandi. The defendant had purchased 9/135 share of Smt. Satya Devi of the suit land and thus he had become joint owner of the same along with the plaintiff and other cosharers. On 12.6.1999, the defendant constructed a Dhara towards front side of khasra No. 2195/1 with a motive to occupy the bes