NAHARI Vs. DHARAMWATI AND ANOTHER

JUDGEMENT

(1.) This judgment shall dispose of two appeals i.e. RSA No. 2585 of 1995 and RSA No. 2586 of 1995, both filed by Nahari against Smt. Dharamwati challenging the judgment of reversal passed by the lower Appellate Court whereby the suit for permanent injunction filed by Smt. Dharamwati was ordered to be decreed and the second suit filed by Nahari was ordered to be dismissed by reversing the judgment and decree passed by the Trial Court.

(2.) For convenience the parties herein would be referred to as the plaintiff and defendant as they were described in the suit filed by Smt. Dharamwati.

(3.) The brief facts of this case as mentioned in the judgment of the lower Appellate Court are that Smt. Dharamwati had filed Civil Suit No. 438 of 1989 on 31.01.1989 against Nahari and his vendor Ram Sarup praying for an injunction restraining the defendants from interfering into the possession of the plaintiff. In the suit it was claimed that the suit property was a residential-cum-commercial plot; with the measurements and boundaries as given below:-