ORDER :

This appeal under Section 100 of Code of Civil Procedure arises out of concurrent judgments & decrees passed by learned Courts below, partly decreeing the suit filed by the appellant for injunction.

2. A suit for permanent prohibitory injunction was instituted by the appellants against the respondents. Appellants pleaded that they were owners in possession of the land comprised in Khata No.147, Khatauni No.220, Khasra Nos.528, 530, 531, 532, 533 and 537, measuring 0- 09-61 hectares situated at Mohal Lahar, Mauza Lambagaon, Tehsil Jaisinghpur, District Kangra.

2(a). Plaintiffs averred therein that the defendants without any right, title and interest had encroached two marlas of the suit land by raising structure thereupon. That they were interfering over the suit land with an intention to encroach and take forcible possession of remaining part of the land.

2(b). Respondents/defendants on merits took up the defence that the suit land was mortgaged by the plaintiffs/their predecessors with one Shri Bhuttu son of Sardha son of Dholak (predecessor-in-interest of defendant No.1) to the extent of ½ share, with Shri Nathu Ram son of Mangatu to the extent of ¼ share and with Shri Dinu a