SHRIMATI GIANDI DEVI Vs. BARU AND ANOTHER

JUDGEMENT

(1.) Plaintiff has come up in regular second appeal against the judgment and decree of the first appellate Court affirming on appeal those of the trial Judge whereby her suit for possession of a portion of plot No.68 old, Ward No.6, situated at Gharaunda was dismissed.

(2.) The facts: The plaintiff filed civil suit against the defendant-respondents for possession of portion of plot No.68 old, Ward No.6, situated at Gharaunda. She pleaded that the disputed site is a part of plot No.68; that she was in possession of the entire plot, but she was forcibly dispossessed by the defendant-respondents from a portion of the plot (hereinafter to be referred as disputed portion) on April 7, 1974; that a meeting of the Panchayat of the Biradari was convened in order to get back the possession of the disputed portion but it yielded no result; that after taking possession of the disputed portion, the defendant-respondents started constructing a pucca room on it and in spite of the protests by the plaintiff-appellant, they completed the said room.

(3.) The defendant-respondents denied the allegations in the plaint and inter alia pleaded that on earlier occasion the plaintiff had brought a suit in respect of the northern portion of the plot and she did not include the disputed portion in that suit. Resultantly, the present suit was barred under Order 2, rule 2, Code of Civil Procedure and Sec. 11 of the Code. It was pleaded that they bad submitted site plan to the Municipal Committee, which sanctioned the same after verifying their ownership and they raised the construction in accordance with the site plan.