Rakesh Kainthla, Judge

The present appeal is directed against the judgment and decree dated 13.7.2001, passed by learned Additional District Judge, Solan, H.P. (learned Appellate Court), vide which the judgment and decree dated 22.11.2000, passed by learned Sub Judge First Class Kandaghat, District Solan, H.P. (learned Trial Court) were partly modified. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience).

Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit for seeking a permanent prohibitory injunction restraining the defendants from interfering in the suit land described in para-1 of the plaint in any manner whatsoever. A decree for possession was also sought in the alternative in case the plaintiff was dispossessed forcibly, or he was not found in possession. It was asserted that Puran Chand was the owner in possession of the suit land. He had died on 13.12.1997. Plaintiff is the only son and the legal heir of Puran Chand. The defendants or their predecessor had no concern with the suit land. Mathu, the predecessor-in-interest of the defendants, got