DEVKINANDAN SAHU Vs. KUSHILA DEVI

JUDGEMENT

(1.) This defendant's second appeal was admitted for hearing by formulating the following substantial question of law: -

(2.) The plaintiff filed suit stating inter alia that she has purchased the suit land bearing Khasra No.318/2, area 1250 sq.ft. by registered sale deed dated 18-6-1987 for consideration of Rs.6,250/- (Ex.P-1). It is further case of the plaintiff that taking advantage of her absence for medical reasons, the defendant encroached upon her land which was identified in the demarcation report Exs.P-7 & P-9 and therefore she is entitled for declaration of title and possession of the suit land which the defendant opposed by filing written statement stating inter alia that she has not encroached upon the plaintiff's land and she is owner of Khasra No.318/1 (part), area 1375 sq.ft. which she has purchased vide Ex.D-1 and as such the plaintiff's suit deserves to be dismissed.

(3.) The trial Court after appreciating oral and documentary evidence available on record relying upon Exs.P-7 & P-9, decreed the suit holding that the plaintiff is entitled for declaration of title and permanent injunction which in turn, the first appellate Court affirmed by dismissing the appeal preferred by the defendant, questioning the same, this second appeal has been preferred by the defendant in which substantial question of law has been formulated and which has been set out in the opening paragraph of this judgment for the sake of completeness.