RAJ RANI Vs. SMT. JASWANTI DEVI

JUDGEMENT

(1.) Smt. Jaswanti Devi brought Civil Suit No. 380 of 16.9.1987 against Raj Rani and three others for a decree of permanent injunction on the plea that she is owner in possession of plot measuring 8 marlas comprising khasra No. 15//7/2 fully, described in the plaint, purchased by her vide sale deed dated 24.11.1981. Since the defendants intended to dispossess her from the plot in suit forcibly the institution of the suit was necessitated.

(2.) The suit was contested by the defendants. A joint written statement was filed on their behalf. They have denied the ownership and possession of the plaintiff over the plot in dispute. It was further denied that Ranjit Singh and others from whom the plaintiff is alleged to have purchased and said plot vide sale deed dated 24.11.1981 were the owners of the said plot. As a matter of fact it was averred by them, there was a passage leading to the temple and was being used by the inhabitants of the locality since long. The plaintiff intended to encroach upon the said passage by blocking the same without any right, title or interest. After taking replication on record, the learned Court put the parties to evidence on the following issues :-

(3.) After hearing the learned counsel for the parties and taking into consideration the evidence on record, the learned Subordinate Court held that the plaintiff in the exclusive possession as owner of the plot measuring 30ft x 30ft in width and 72ft x 60ft in length.