KULWANT KAUR SIDHU Vs. RAHIMAN BAI GUDDI

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 96 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 20-08-2004, in Original Suit No. 407 of 1996, passed by learned Additional District Judge/fast Track Court I, Dehradun, whereby said suit has been decreed in favour of the Plaintiff, granting injunction against the defendant/appellant.

(2.) BRIEF facts of the case are that Plaintiff/respondent- Rahiman Bai Guddi, instituted aforementioned suit No. 407 of 1996 with the pleadings that she was owner and in possession of khata No. 186, plot No. 25/3, measur ing area 0. 300 and plot No. 46/11, measuring area 0. 814 in village-Haripur Kalan, Tehsil and District-Dehradun. It is further pleaded that she was recorded tenure holder of aforesaid land, which is shown by letters 'aa' 'ba' 'sa' 'da' with its boundaries in the map annexed with the Plaint. From the year 1969 to 1976, on aforesaid land, Plaintiff used to run a factory in the name and style- M/s Jai Chemicals, which was ancillary unit of Indian Drugs and Pharmaceuticals Limited, Rishikesh. On the east of said land, defendant pur chased a plot and constructed her house. In the south of defendant's aforesaid plot, there is a raasta land for his approach towards the main road. In the year 1996, taking advantage of the absence of the Plaintiff, defendant opened her door towards west over the land, shown by letters 'aa' 'ba' 'sa' 'da' and by collecting soil, made at tempt to give shape of raasta over the strip of aforesaid land. The defendant has no right to have passage over this land. Hence the suit for injunction against the defendant/appellant, was in stituted by the Plaintiff/respondent for injunction not to interfere in the peace ful possession of land 'aa' 'ba' 'sa' 'da'. Also, a mandatory injunction was sought that the defendant should close his western door towards the disputed land. (During the pendency of this ap peal, after death of Plaintiff, her legal representatives were substituted ).

(3.) WE heard learned counsel for the parties and perused the record.