HAYAT SINGH Vs. SMT. RAMA ARYA

JUDGEMENT

(1.) Present second appeal has been preferred by the plaintiffs/appellants against the judgment and decree dated 10.02.2012 passed by Civil Judge (Senior Division), Almora in Civil Appeal No. 20 of 1984 Smt. Rama Arya Vs. Hayat Singh and others.

(2.) In brief, facts of the case are that plaintiff/appellants filed a suit being Original Suit No.34 of 1983 for permanent injunction and recovery of possession against the defendant/respondent with the averments that they are residents of city Almora and are owners of plot no.14543, 14544, 14546 and the defendant has no right over any of the plots and is trying to take forceful possession and is trying to raise construction over it. During the pendency of suit, plaintiffs got amended their plaint to the effect that during the pendency of suit, the defendant has raised some construction, therefore, decree of mandatory injunction be issued in favour of the plaintiffs, directing the defendant to remove the illegal construction from the suit property. The defendant contested the suit and filed her written statement as well as additional written statement and contended that the defendant is not threatening the plaintiffs. She contended that the plaintiffs have no right, title or interest in the disputed plot and that she had started construction over plot no.14546 before filing of the suit which was completed in the month of March 1983. The plaintiffs did not raise any objection at the time of construction of the house. She has spent Rs. 18,000.00 towards construction of house.

(3.) On the basis of pleading of the parties, Munsif, Almora framed the following issues: