MAHAVIR Vs. PHOOLWATI DEVI

JUDGEMENT

(1.) I have heard Sri Ashish Srivastava along with Sri Ravi Prakash, learned counsels for the appellant and Sri H.N. Pandey, learned counsel for the respondent and have perused the record.

(2.) This is a defendant's appeal against the judgment and decree dated 17.12.1984 passed by the Special Judge /Additional District Judge, Aligarh in Civil Appeal No. 91 of 1982 arising out of Suit No. 55 of 1980 between Smt. Phoolwati (plaintiff) and Sri Mahavir and another (defendants).

(3.) The Original Suit No. 55 of 1980 was instituted by Phoolwati Devi (the plaintiff-respondent herein), who is now represented through her heir, for permanent prohibitory injunction restraining the defendants from interfering in her peaceful possession over Bhumidhari Plot Nos. 44A @ 19 Biswa; 26 @ 15 Biswa, 3 Biswansi; and 44-B @ 3 Bigha, 4 Biswa that is, three plots having a total area of 4 Bigha, 12 Biswa, 3 Biswansi situated at village Nagla Nattha, Pargana Chandaus, Tehsil Khair, District Aligarh. In short the plaint case was that the plaintiff was bhumidhar in possession of the disputed land on the basis of a sale-deed dated 23.03.1974, which was executed by the 1st Additional Civil Judge, Aligarh in execution of a decree for specific performance passed in Original Suit No. 23 of 1971. It was claimed that the defendants, without right, title or interest, were seeking to dispossess her as well as to cut away her standing crop, hence, she was constrained to institute the suit. During the pendency of the suit, by way of amendment, she sought for damages to the tune of Rs.3000/- for the loss to the standing crop caused by the defendants.