JUDGMENT :

SURESHWAR THAKUR, J.

1. The plaintiff's suit for rendition of a decree, for mandatory injunction, stood, decreed, by the learned trial Court. In an appeal carried therefrom, before the learned First Appellate Court, by the aggrieved defendant, the latter Court allowed his appeal besides obviously reversed the trial Court's judgment and decree.

2. Briefly stated the facts of the case are that the deceased plaintiff Jiwan Ram has filed the civil suit against the deceased defendant Madho Ram, for rendition of a decree for mandatory injunction with consequential relief of permanent prohibitory injunction with the averments that he is owner in possession over the suit land comprised in Khata No.73, Khatauni No.77, Khasra No.3, measuring 0-13-20 Hectares situated in MohalKhabyal, Mauza Lanz, Sub Tehsil Harchakian, Tehsil and District Kangra, H.P. The plaintiff has further pleaded that the defendant has no right, title and interest over the suit land, and, has threatened to enter upon the suit land and thereby to dispossess the plaintiff without right, title and interest. The plaintiff has further pleaded that the defendant has cut down the valuable bushes and levelled the boundar