SUSHILA DEVI Vs. AMAR SINGH

JUDGEMENT

(1.) INDERMEET KAUR, J. (Oral) 1. This appeal has impugned the judgment and decree dated 18.10.2004 which had endorsed the finding of the trial judge dated

(2.) 4.1997 whereby the suit filed by the plaintiff Sushila Devi seeking permanent and mandatory injunction against the sole defendant Amar Singh had been dismissed. 2. Plaintiff had initially filed a suit for permanent injunction against the defendant. Her contention was that the defendant was threatening to interfere in the suit property bearing 100 sq. meter situated in Khasra No.42/9/5, plot no.8 in village Badli, Delhi. In the course of the proceedings it was brought to the notice of the Court that on 01.8.1982 the defendant had actually trespassed into the land; the plaint was thereafter amended and apart from the relief of permanent injunction, mandatory injunction has also been sought to the effect that the defendant be directed to hand over the possession of the suit property back to the plaintiff.

(3.) IN the written statement the defence of the defendant was that he is in possession of the suit land. The case of the plaintiff is false. Plaintiff is neither the owner or in possession of the suit land. Defendant in support of his case relied upon khasra girdawaris for the year 1979 -90 (Ex.D -1), for the year 1982 (Ex.D -3) showing his possession of the suit land. It was denied that the Delhi Administration had ever allotted the aforenoted plot of land to the plaintiff; in fact there was no such scheme.