JUHRI Vs. SARFRAJ HUSSAIN

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the plaintiff (now appellant) for setting aside the judgment and decree dated 20.09.2004, rendered by the Court of Additional Civil Judge (Senior Division), Nuh and the judgment and decree dated 31.05.2005, rendered by the Court of Additional District Judge, Gurgaon, vide which the appeal was dismissed.

(2.) SHORN off unnecessary details, the relevant facts necessary for the decision of appeal, are that the plaintiff claimed herself to be the owner of land comprising rectangle no. 15 khasra no. 25/1, measuring 1 kanal 18 marlas, situated in Ward No. 4 Nuh, Tehsil and District Gurgaon, after having purchased the same, vide sale deed dated 20.05.1986, executed by Shri Narain Dass and others in her favour. It was stated that, as per the report dated 23.11.2000 of Halqa Girdawar, in the execution proceedings, the construction raised by the defendants exists on the land comprising khasra No. 15/16/2. It was further stated that the construction, raised by the defendants, covers some portion of the land comprising khasra No. 15/25/1. In this manner, the defendants illegally encroached upon the land of the plaintiff, during the pendency of earlier suit, filed by her, for permanent injunction in the Civil Court. It was further stated that even in the earlier suit, the defendants were restrained from interfering into the possession of the plaintiff. It was further stated that the defendants were asked many a time to deliver the possession of the encroached portion of the land comprising khasra no.15/25/1, but they refused to do so. On their final refusal, a suit for possession was filed.

(3.) FROM the pleadings of the parties, the following issues were framed by the trial Court :-