HAR PRAKASH Vs. WAZIRAN

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 26.4.2002, passed by First Appellate Court, i.e. Additional District Judge/Fast Track Court -II, Nainital, in Appeal No. 43 of 1998 Smt. Waziran and others versus Har Prakash, whereby the appeal was allowed and the judgment and decree dated 28.3.1998 passed by Additional Civil Judge (J.D.) Kashipur in O.S. No. 249 of 1984, was set aside.

(2.) THIS second appeal has been admitted on the following substantial questions of law: -

(3.) BRIEFLY stated the facts of the case are that plaintiff Mohd. Ishaque (since deceased) has filed suit against defendant Har Prakash and others for a decree of mandatory injunction. Smt. Ganeshia Devi mother of Smt. Gangoo Devi, defendant in the suit, was the original owner of the disputed property. She had transferred the property in dispute vide sale -deed dated 6.2.1968 to Smt. Gangoo Devi. Thereafter Smt. Gangoo Devi transferred the property in question to plaintiff Mohd. Ishaque and Smt. Waziran by way of registered sale -deed dated 5.4.1969 and they entered into possession of the land in question but the defendants had illegally started construction on the land in dispute.