AIROnline 2018 HP 791

Himachal Pradesh High Court

Hon'ble Judge(s): Tarlok Singh Chauhan , J

Civil P.C. (5 of 1908) , O.39 R.1— Suit for injunction - Restraining defendant from interfering and removing boundary marks of plaintiff`s land - Plaintiff contended that defendant cut grass and branches of six buel trees which was in his possession -Demarcation report revealing that there was no encroachment by defendants in land of plaintiff -Local Commissioner deposing that there was no Beed in between land of parties - Evidence led by defendant showing that defendant was owner of 1/3rd share in Beed falling in between land of parties - Defendant being owner of 1/3rd land -Injunction cannot be granted. (Para 12 13 14)