MANGALIA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree passed by the learned lower appellate Court vide which suit filed by the plaintiff respondent has been ordered to be decreed.

(2.) The plaintiff respondent filed a suit seeking decree for permanent injunction restraining the defendant from encroaching upon the passage of 2 karams running from Pataudi-Bhorakalan road along side the property of the plaintiff and defendant, as shown in red colour in the site plan attached with the plaint and further a decree for mandatory injunction directing the defendant to remove any encroachment found to have been made by him on the said passage and to restore the same in its original position. The learned trial Court went into the question of ownership and recorded a finding that the plaintiff has failed to prove that she was owner in possession of the property in dispute and, therefore, the injunction was declined.

(3.) The learned lower appellate Court has reversed the said finding by observing as under:-