Coram : Hon’ble B.C. Kandpal, J.

Hon’ble Dharam Veer, J.

This appeal, U/S 96 C.P.C. has been preferred against the judgment and decree dated 29.5.2004, passed by Additional District Judge/III F.T.C., Haridwar, in O.S. No. 262/2001, whereby the suit of the plaintiff was decreased for permanent injunction and the counter claim of the defendants was dismissed.

2. Brief facts of the case giving rise to this appeal are that the plaintiff instituted a suit against the defendants for permanent prohibitory injunction. According to the plaintiff Krishan Kumar he is owner in possession of the property shown at the end of the plaint, i.e. Dharamshala named as Jindal Ahata situated at Bara Bazar Haridwar. The plaintiff makes arrangements of stay etc of the pilgrims/Yajmans in the disputed property. Pandit Govind Ram, grand father of the plaintiff, executed the will dated 4.3.1918 with regard to disputed property in favour of the plaintiff. The father of the plaintiff got constructed four rooms on the first floor in the year 1954. Thereafter, the plaintiff got constructed latrine etc on the disputed property. The father of the plaintiff also executed will dated 20.11.1963 pertaining t