JUDGMENT : Sureshwar Thakur, J. The instant appeal stands directed by the appellant herein/defendant No.1, against the concurrently recorded verdicts, initially, by the learned trial Court, and, subsequently by the learned First Appellate Court, respectively, upon, Civil Suit No. 20/1 of 2009, and, upon Civil Appeal No.19-NL/13 of 2017, wherethrough (s), the plaintiff's suit, for rendition of a decree for permanent prohibitory injunction, vis-a-vis, the suit khasra number (s) hence stood decreed. 2. Briefly stated the facts of the case are that the plaintiff had filed a suit for permanent prohibitory injunction, restraining the defendants from interfering in any manner whatsoever over the land measuring 5 bighas, 7 biswas, comprised in Khata/Khatauni no. 200/201, bearing Khasra No.298/235, situated in the area of Village Chuhuwal, Pargana Nalagarh, Tehsil Nalagarh, District Solan, H.P. It is averred that the land measuring 5 bighas 7 biswas is exclusively owned and possessed by the plaintiff, and, the defendant shave no right, title or interest over the same. On 10.01.2009, the defendants started interference over the suit land by threatening that they will raise construction over the suit land and for that purpose, they had also collected construction material near the suit land. The defendants were requested several times to admit the claim of the plaintiff, but they refused to do so. 3. The defendants contested the suit and filed written statement, wherein, the have taken preliminary objections, qua, maintainability, cause of action, and suppression of material facts. On merits, they denied that they ever interfered over the suit land in nay manner. In fact defendant No.1 Tej Pal had purchased the land from one Gurcharan Singh and also purchased small area from defendant No.3, Prakash, for leading a passage to his land and said land of Parkash is abutting to the suit land. When defendant No.1 started making path through said purchased land, the plaintiff filed this false and frivolous suit. Defendant No.1 had constructed a wall only after getting his land demarcated. The land was allotted to the plaintiff by the government from the government land, dimensions of which are towards the rivulet and in fact, the plaintiff wants to encroach upon the land of the defendants in order to make his holding 5 bighas 7 biswas, which is not in existence on the spot at present. 4. The land was allotted to the plaintiff by the government from the government land, dimensions of which are towards the rivulet and in fact, the plaintiff wants to encroach upon the land of the defendants in order to make his holding 5 bighas 7 biswas, which is not in existence on the spot at present. 4. On the pleadings of the parties, the learned trial Court struck the following issues inter-se the parties at contest:- 1. Whether the plaintiff is entitled for permanent prohibitory injunction, as prayed for? OPP 2. Whether the suit is not maintainable, as alleged? OPD 3. Whether the plaintiff has no cause of action and locus standi to file the present suit, as alleged? OPD 4. Relief. 5. On an appraisal of evidence, adduced before the learned trial Court, the learned trial Court decreed the suit of the plaintiff/respondent No.1 herein. In an appeal, preferred therefrom, by, the defendant No.1/appellant herein, before the learned First Appellate Court, the latter Court dismissed, the, appeal, and, affirmed the findings recorded by the learned trial Court. 6. Now defendant No.1/appellant (s) herein, has instituted the instant Regular Second Appeal, before, this Court, wherethrough, he hence assails the findings, recorded in its impugned judgment and decree, by the learned first Appellate Court. 7. The gravamen of the reasoning, concurrently assigned, by both the learned courts below, hence for decreeing, the plaintiff's suit, for, rendition of a decree for permanent prohibitory injunction, vis-a-vis, the suit khasra number (s), is centered, (a) upon, the report of demarcating officer, one D.R. Bhatia, who, during the course of his deposition, tendered it, before the learned trial Court, and, wherewith stood appended the apposite tatima, delineating therein, the area of suit land, encroached upon, by the defendant/appellant herein. Also CW-1, appended with the demarcation report, a, copy of istemal musabi. Uncontrovertedly, the plaintiff, is, the exclusive owner in possession of the suit khasra number (s). The encroachment, vis-a-vis, the suit land,, as, delineated by CW-1, upon, his holding demarcation, of, the adjoining estates of the contesting litigants, is, comprised in an area of 10 biswas. 8. Also CW-1, appended with the demarcation report, a, copy of istemal musabi. Uncontrovertedly, the plaintiff, is, the exclusive owner in possession of the suit khasra number (s). The encroachment, vis-a-vis, the suit land,, as, delineated by CW-1, upon, his holding demarcation, of, the adjoining estates of the contesting litigants, is, comprised in an area of 10 biswas. 8. The learned counsel, appearing for the aggrieved defendant, has, though strived to cast, a scathing onslaught, upon, the report of the local commissioner, and, his afore strivings are (a) anvilled, upon, a previous report of the Local Commissioner, embodied in Ex.OW1/A, wherein, rather unfolding (s) are borne, qua no encroachment being detected, to be hence made, by the aggrieved defendant/appellant, upon, hence the suit khasra number (s), (b) and, also upon, the reliance, if any, placed, upon, the report prepared by CW-1 Mr. D.R. Bhatia, being aggravatingly unbefitting, as, the local commissioner concerned, rather failing, to, even after receiving the consent, of, the contesting litigants, vis-a-vis, the fixed points, wherefrom, demarcation of the contiguous estates of the contesting litigants, was, to commence, (c) rather commencing the demarcation, upon, his prior thereto not ascertaining the relevant fixed points, from the musabi, and, his also thereafter failing to hence relay, the, ascertained therefrom, hence, fixed points, onto, the relevant contiguous estates, of the contesting litigants, (d) the measurements being omitted to be carried by the local commissioner, after, verification of the jareb. However, the afore reared contentions, for, hence belittling the report of the local commissioner are extremely frail, as, it is visibly imminent, upon, a thorough, and, incisive reading, of his, testification rendered, on oath before the learned trial Court, (e) qua his echoing therein qua prior to his proceeding to conduct the demarcation, of, the contiguous estates of the contesting litigants, his recording the statements of each of them, vis-a-vis, the fixed points, wherefrom, he had commenced, the, apt demarcation, (f) and, his further echoing therein qua subsequent to the completion, of the apt demarcation, all the contesting litigants, except defendant No.1, meteing the completest satisfaction, vis-a-vis, the demarcation conducted, by him, of the contiguous estates of the contesting litigants, (g) the fixed points being determined by the demarcating officer, from, the istemal musabi, as, stood carried by him, to the relevant site, and, thereafter it being relayed, onto, the relevant khasra numbers. (h) In aftermath, the afore emanations, as, visibly generate, from, the testification rendered, on oath, by the demarcating officer concerned, and, when he had denied the suggestions put to him, during, the course of his being cross-examined, qua his prior, to, holding the demarcation of the suit khasra number, and, of, the adjoining thereto land owned and possessed, by the aggrieved defendant, his obtaining the signatures, of, the defendant, on a piece of blank paper, (i) thereupon, and, with the trite factum qua subsequent to the completion, of demarcation, the contesting litigants, except defendant No.1 portraying their completest satisfaction, vis-a-vis, demarcation conducted by him, (j) reiteratedly, and, obviously enjoins this court to mete credence, to the report of the local commissioner, wherewith stood also appended the apt tatima, wherein encroachments, to the extent, of, 10 biswas, stand, delineated to be made, by the aggrieved defendant, upon, the land owned and possessed, by the plaintiff/respondent. 9. Be that as it may, as afore stated, subsequent to the completion of the demarcation, of, the suit khasra number, and, of the adjoining thereto estates/lands, owned and possessed by the contesting defendants, all, except defendant No.1, rendered their satisfaction thereto, (i) thereupon, it is imperative to consider, the, objection meted by defendant No.1, to the report of the local commissioner, objections whereof, are anvilled, upon, a previously conducted demarcation, borne in Ex.OW1/A, (ii) wherein, the demarcating officer concerned, had enunciated qua no encroachment being made, upon, the suit khasra number, by defendant No.1. However, any reliance, thereupon, is grossly untenable, as, the afore report was set aside by a judicial verdict, given it being carried, in flagrant violations, of, the relevant instructions, as, issued by the Financial Commissioner. 10. The above discussion, unfolds, that the conclusions as arrived by both the learned Courts below, being based, upon a proper and mature appreciation of evidence on record. While rendering the findings, both the learned Courts below have not excluded germane and apposite material from consideration. Consequently, no substantial question of law much less a substantial question of law arises for determination in this appeal. 11. In view of the above discussion, there is no merit in the instant appeal, and, it is dismissed accordingly. In sequel, the judgments and decrees impugned before this Court are affirmed and maintained. Decree sheet be prepared accordingly. All pending applications also stand disposed of. No order as to costs. 11. In view of the above discussion, there is no merit in the instant appeal, and, it is dismissed accordingly. In sequel, the judgments and decrees impugned before this Court are affirmed and maintained. Decree sheet be prepared accordingly. All pending applications also stand disposed of. No order as to costs. Records be sent back forthwith.