MURARI LAL Vs. DAYAWATI

JUDGEMENT

(1.) This is a defendant's Second Appeal, where the defendant has questioned the judgment and decree dated 19th April, 2019, as rendered by the 5th Additional District Judge, Dehradun, in Civil Appeal No. 225 of 2013, Murari Lal Vs. Smt. Dayawati, as a consequent thereto, the Appellate Court has affirmed the judgment and decree dated 7th November, 2013, as passed by the Civil Judge (Senior Division), in Original Suit No. 649 of 2009, Smt. Daywati Vs. Murari Lal.

(2.) The precise facts as was raised by the plaintiff before the Court below was to the effect that she has claimed herself to be the owner in possession of the property, more particularly, described in the Municipal records as property bearing Municipal No. 28/26, situated in Sayyed Mohalla, Dehradun, which was later on numbered as property No. 26/26, having a total area of 99 square meters.

(3.) The plaintiff's case was that she has become owner of the property, in question, on the basis of the sale deed, which was executed on 05.05.1978, in regard to the total area of land, having a an area of about 103 square meters, i.e. equivalent to 18.58 square meter, which has been shown in the plaint map by green colour. Her case was further that by virtue of the subsequent sale deed dated 17.07.2008, she has also purchased another part of the property, which was lying on the southern side of the property of the defendant. The property, in dispute, which is subject matter of the consideration in dispute in the suit, in question, was that the remaining part of the property, which was left in pursuance to the two sale deeds executed in favour of the plaintiff, which was shown in the plaint map by "blue colour"?, over which, it was alleged by the plaintiff that the defendant was trying to interfere, though they do not have any right over the same.