ROSHNI DEVI Vs. AMAR SINGH AND ANOTHER

JUDGEMENT

(1.) Suit filed by plaintiff (Roshni Devi) was dismissed by the trial court vide judgment and decree dated 15.06.2007. Appeal preferred against the said decree failed and was accordingly, dismissed vide judgment and decree dated 25.07.2009. That is how, the plaintiff is before this court, in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) In short, in a suit filed by the plaintiff, she prayed for a decree for possession of a plot bearing khasra No.146/851, khewat No.4488 min, khatauni No.5341, situated at 12 Quarter Road, Ward No.4, Hisar. It was pleaded that the plaintiff had purchased two plots, one bearing khasra No.146/851 and the other bearing khasra No.146/849, from Ram Narain son of Pat Ram, vide a registered sale deed dated 26.10.1999. Subsequently, plaintiff raised a construction over plot bearing khasra No.146/849 and started residing therein, whereas, plot bearing khasra No.146/851 was kept vacant. Defendant No.2 was owner of a plot situated towards the southern side of the disputed plot i.e. plot bearing khasra No.146/851. Defendants constructed a new house over the plot owned by them and since plaintiff had gone to some other place, in her absence, on 12.08.2003, defendants dug the foundation of the plot of the plaintiff and raised four wall thereon and thus unauthorizedly occupied the said plot. Hence, the suit.

(3.) In defence, it was pleaded that the plaintiff had not disclosed about the previous litigations between her husband and his brother with the other persons i.e. adjoining owner of the plot bearing Nos.36 and 38. She had also not disclosed about the litigation with one Ram Narain son of Pat Ram, who was previous owner of plots No.40 and 42, which was subsequently purchased by the plaintiff, vide registered sale deed dated 26.10.1999. It was maintained that there was a serious dispute qua the demarcation of plots No.36, 38, 40 and 42. And several civil as well as the criminal cases were pending against the plaintiff's husband and his brother. Further, defendant No.1 had purchased a plot bearing No.37, situated in Bharat Nagar, Hisar from Balbir Singh son of Chhaju Ram, vide registered sale deed dated 17.11.1997, whereas, defendant No.2 (Chandro Devi) had purchased plot No.36 from Chhaju Ram, vide registered sale deed dated 17.11.1997. Thus, the defendants were owners in possession of the plots No.36 and 37. And now, the plaintiff intended to forcibly occupy the plot of defendant No.1 and thus filed the present suit.