KRISHNA DEVI Vs. KRISHAN LAL AND OTHERS

JUDGEMENT

(1.) Plaintiff-appellant has directed the present regular second appeal against the judgment and decree dated 13.4.2011 passed by Mrs. Jatinder Kaur, Additional District Judge, Ferozepur, vide which the appeal preferred by the plaintiff against the judgment and decree dated 13.5.2010 passed by Sh. Ravi Gulati, PCS, Civil Judge (Junior Division), Ferozepur, was dismissed.

(2.) Briefly stated, Smt. Krishna Devi plaintiff, now appellant filed suit for mandatory injunction directing the defendants to demolish the water course carved out by them through the land comprised of Rect No. 47 Killa No. 4 (7-2). It is alleged that she has purchased the said land comprised in Rect. No. 47, Killa No. 4 (7-2) through registered sale deed dated 16.4.1993, for a valuable consideration. The plaintiff is owner in possession of the land and she has constructed a residential house over some portion of the suit land.

(3.) Defendants have got no concern with the property. There was no water course in existence at the spot passing through the suit land nor any sanction has been provided by any authority to carve out the water course through the suit land. Defendants have carved out the water course during the pendency of the suit filed by the plaintiff in respect of permanent injunction. An application under Order 39 Rule 2 A CPC was also filed.