JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment and decree dated 31.08.2009, passed by the learned District Judge, Solan, H.P, vide which, the appeal filed by the present appellant (plaintiff before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a Civil Suit before the learned Trial Court for seeking a permanent prohibitory injunction restraining the defendants from interfering with the land comprised in Khata Khatauni No.3min/122, Khasra No. 1394/681/1, measuring 15 sq. meters situated in Mauza Lower Bazar Solan, Tehsil & District Solan, H.P. (hereinafter referred to as the suit land). It was pleaded that the plaintiff is a co-owner in possession of the suit land. The suit land was transferred to the plaintiff by Sh. Dantu Ram and mutation No. 806 of exchange was attested. The suit land leads to Khasra No. 1396/681/2, on which the house of the plaintiff is situated. The suit land is the only way to reach the house of the plaintiff. The d