VIDYAWATI Vs. GOPI RAM

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the judgment and order dated 6.11.1982 passed by the learned Sub Judge Ist Class, Safidon. Plaintiff had filed a suit for possession of the land in dispute. She claimed herself to be owner of the suit land. The plaintiff also prayed for permanent injunction to restrain the defendants from dispossessing her from the suit land. In the alternative it was prayed that if the Court holds that plaintiff is not in possession then the decree for possession may also be passed. The defendants contested the suit and controverted the allegations. It was stated by the defendants that the entire Khasra No. 363 measuring 1 kanal 12 marlas was jointly owned by the present plaintiff along with her husband. Further it was said that the land was leased out to defendant No. 2 in terms of the agreement dated 28.5.1961. They further prayed for dismissal of the suit.

(2.) LEARNED trial Court framed six issues. Issue No. 1 related to : whether the plaintiff was owner in possession over the disputed land. The learned trial Court held that defendants were in possession of the suit land not as trespassers but were tenants upon the suit land under the plaintiff. Issue No. 4 as framed by the trial Court reads as under :-

(3.) LEARNED counsel for the petitioner has contended that the learned trial Court could not create a bar in drawing of a decree even if the plaintiff defaulted in making up the deficiency of the Court-fee within or even after the time granted by the Court for that purpose.