JUDGMENT

Rakesh Kainthla, J.—The present appeal is directed against the judgment & decree passed by the learned District Judge, Una vide which the appeal filed by the respondents (legal representatives of the original defendant before the learned Trial Court) was allowed and the judgment and decree passed by learned Civil Judge (Junior Division), Court No. 1, Amb, District Una, H.P. were set aside.

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 the possession by removal of supper structure/Malwa over the land comprised in Khewat No. 99 min, Khatouni No. 222 min, Khasra No. 2282/1 measuring 0-00-92 Hectare situated in Up-Mohal Kaloh, Mouja Kaloh, Tehsil Amb, District Una, H.P as entered in the copy of Jamabandi for the year 1995-1996. (hereinafter referred to as the suit land). It was asserted that the plaintiff was a co-sharer in possession of the suit land. The defendant took forcible possession of the suit land in April 2000 without any right, title or interest. The plaintiff requested the defendant to deliver the possession, but in vain. Hence, the suit was filed to seek the relie