KANTA Vs. SOMA DEVI (DEAD)

JUDGEMENT

(1.) The Appeal arises from the judgment dtd. 24/7/2010 in RSA No. 221 of 1998 before the High Court of Himachal Pradesh at Shimla.

(2.) Sham Sunder (Since Deceased) filed Case No. 496 of 1990 before the Court of Sub Judge 1st Class, Una. The Civil Appeal is prosecuted by the plaintiff's LRs. CS No. 496 of 1990 was at the first instance filed for perpetual injunction restraining the defendants from interfering with the peaceful possession of the plaintiff in any manner from agricultural land measuring 8 Kanals - 05 Marlas in Khewat No. 194, Khatuni No. 1029, Khasra Nos. 4647, 4701, 4702 4742 situated in Village Lohara, Tehsil Amb, District Una. The plaintiff amended the plaint to include the prayer for recovery of possession from the defendant.

(3.) The plaintiff's case is that he is the owner, and the co-owner is in exclusive Hisadari possession of the plaintiff. The defendants are strangers and have no right, title, or interest in the suit schedule. The cause of action for filing the suit was the threatened interference of defendants, who are powerful, with plaintiff 's possession, and refusing to admit the plaintiff 's claim to the suit schedule. The first defendant resisted the suit claim in all fours, and the principal averment which has bearing for the disposal of the Civil Appeal is that the first defendant is in possession of the suit schedule, and the first defendant traces her entitlement through her husband, Late Roshan Lal. According to the 1st Defendant, Roshan Lal died about 36 years before the filing of the Written Statement, and the 1st defendant 's father-in-law, as Karta of the family of the Lakhu, has granted the right of enjoyment of the suit schedule in lieu of maintenance. The right of maintenance has ripened into an absolute right.