KAUSHALYA DEVI Vs. BHOLA NATH

JUDGEMENT

(1.) This is plaintiff's second appeal whose suit for injunction was decreed by the trial Court but was dismissed in appeal.

(2.) Smt. Kaushalya Devi filed a suit against Bhola Nath, defendant No. 1 and Municipal Committee, Hoshiarpur, defendant No. 2 for mandatory injunction directing Bhola Nath to deliver possession of the property marked ABCD shown in the site plan. It was alleged therein that one Shrimati Saraswati Devi widow of Ram Parkash was the owner of the suit property. She sold it to the plaintiff vide registered sale deed dated 14th September, 1970, Exhibit P.1, for Rs. 15000/-. Bhola Nath, defendant No. 1 was occupying the premises in dispute as license under Saraswati Devi and, therefore the licence having been revoked, he was liable to be ejected by way of mandatory injunction.

(3.) The suit was contested by Bhola Nathm, defendant, on the ground that Shrimati Saraswati Devi was not the owner of the property in dispute nor she could convey any title of the property to the plaintiff. He was occupying the property in dispute as owner since 1938 and had constructed two chhappars on it and had also acquired the rights of ownership regarding the property in suit by adverse possession.