JUDGMENT :

Kuldip Singh , J. (Oral)

1. This appeal is directed against the judgment and decree, dated 20.5.2000, passed by the learned Additional District Judge, Circuit Court at Rohru in Civil Appeal No. 1-S/13 of 1999 reversing the judgment and decree, dated 1.12.1998 passed by the learned Sub Judge 1st Class, Court No.3, Addl. Charge Court No.2, Rohru in Civil Suit No. 109-1 of 1995 decreeing the suit of the appellant.

2. The facts, in brief, are that the appellant had filed a suit for permanent prohibitory injunction against the respondents in respect of land comprised in Khasra No. 1468, measuring 0-04-35 hecatres, situated in Chak Karalash, Tehsil Rohru, District Shimla, H.P. (for short, the ‘suit land’). The further case of the appellant is that earlier the suit land was owned and possessed by Budhu and Gokhari, parents of the appellant. On their death, the appellant became owner. The respondents have no right, title or interest over the suit land. The respondents have threatened to oust the plaintiff from the suit land. In these circumstances, the suit was filed and a prayer for permanent prohibitory injunction was made against the respondents.

3. The suit was contested by t