SINGARI Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 18.02.1982, passed by the then learned Civil Judge, Roorkee, in Civil Appeal No. 47 of 1980, whereby said court has dismissed the appeal, and affirmed the judgment and decree dated 31.03.1980, passed in original Suit No. 198 of 1972, passed by the trial court (Munsif, Roorkee). Said court had decreed the suit of the plaintiff Shanti Devi.

(2.) HEARD learned counsel for the parties, and perused the lower court record.

(3.) THE defendants contested the suit and denied the claim of the plaintiff. It is pleaded by the defendants that plaintiff had no concern whatsoever either with plot No. 88/2 or with that of 89/2. The defendants denied that there is any Rasta land on plot No. 89/2. It is also stated by the defendants that the plaintiff was never in possession of Plot No. 88/2 as pleaded by her. In the additional written statement, it has been stated that the suit is bad for non -joinder of Gaon Sabha. It is also stated that Gauhar (Rasta land) is situated in Plot No. 54/1 and not in Plot No. 89/2. It is also pleaded that the suit is bad for non -compliance of Order 1 Rule 8 of Code of Civil Procedure, 1908. The legal plea has also been taken that the suit is barred by Section 41 of the Specific Relief Act, 1963.