BECHAN SINGH Vs. MANSAROVAR

JUDGEMENT

(1.) Proceedings of this matter have been taken up through video conferencing.

(2.) This second appeal preferred by the appellant/defendant No. 1 (now his Lrs.) was admitted for hearing on the following substantial questions of law :-

(3.) Sole plaintiff - Mansarovar filed a suit for permanent injunction simpliciter stating inter alia that the suit land shown in Schedule 'A' of the plaint was originally held by her father Kisun Ram which he transferred to the plaintiff as bhoomiswami by Will dated 04/01/1978 and since then she has been in cultivating possession of the said suit land. On 23/10/1979, the defendants harvested the crops sown by the plaintiff on some part of the suit land and further threatened her to do the same on other parts of the suit land as well. On account of that, the necessity arose for filing the suit for permanent injunction thereby restraining the defendants from interfering with her possession. The plaintiff also amended her plaint later on 04/08/1994 and inserted the plea that after the death of her father Kisun Ram on 03/06/1979, a village panchayat was convened and all the encroachers of plaintiff's land were removed and plaintiff was given possession of the said land and in alternative, the plaintiff pleaded that if any of the defendants prove and establish their possession, then their possession be taken as that of an encroacher and decree for recovery of possession be also granted in her favour.