JUDGMENT :

Civil suit for permanent injunction filed by respondent No.1 was dismissed by the learned trial Court on 29.03.2008. Learned First Appellate Court vide judgment and decree dated 16.05.2009 allowed the appeal filed by the plaintiff and decreed the suit. Assailing the judgment and decree passed by the learned First Appellate Court, the instant appeal has been preferred by the defendant.

2. Parties hereinafter are referred to as they were before the learned trial Court.

2(i) Suit was filed by the plaintiff (respondent No.1 herein) praying for decree of permanent injunction to restrain the defendants from changing the nature and raising construction over the suit land comprised in Khewat No.8 min, Khatauni Nos.14min, 15min, Khasra Nos. 1955, 1952, 1953 as per jamabandi for the year 1999-2000 situated in village Mohal Kotla Kalan, Tehsil and District Una, H.P. till final partition. In the alternative a decree for mandatory injunction by way of demolition of superstructure if any raised forcibly by the defendants during the pendency of the suit was also prayed for.

2(ii) It was pleaded in the plaint that the suit land was jointly owned and possessed by the plaintiff, defendant No.