JUDGMENT

Sureshwar Thakur, J. - The plaintiff instituted a Civil Suit bearing No. 7-1 of 2004, before the court of the learned Civil Judge (Senior Division), District Kinnaur, H.P. In the afore civil suit, he claimed rendition of a decree for permanent prohibitory injunction, for restraining the defendants, from further raising construction over the vacant portion of the suit land comprised in Khasra No.1036, measuring 0-00-82 hectare, Kahta Khatauni No. 97/159, situated in Mauza Kashmir, Tehsil Kalpa, District Kinnaur, H.P. Furthermore, the construction raised upon the vacant portion of the suit land was prayed to be demolished, through the making a decree for mandatory injunction, vis-a-vis, the plaintiff, and, against the defendant. The learned Civil Judge (Senior Division) concerned, decreed the plaintiff's suit.

2. The defendant Moti Lal, became aggrieved, from the afore made verdict by the learned Civil Judge (Senior Division) concerned, and, for ventilating his grievance, he reared thereagainst a Civil Appeal bearing No. 37 of 2005, before the learned First Appellate Court. The learned First Appellate Court modified the judgement and decree as made by the learned trial Court t