BHANU PRATAP SINGH THAKUR Vs. ACHHAR SINGH

JUDGEMENT

(1.) By means of this petition, the petitioner (hereinafter referred to as the plaintiff) lays challenge to the order dated 6th August, 2010 passed by the learned Civil Judge (Senior Division) Court No.1, Mandi whereby the application filed by the respondents (hereinafter referred to as the defendants) for amendment of the written statement and also for counter claim has been allowed.

(2.) The plaintiff filed a suit for permanent prohibitory injunction. In this suit it was alleged that the plaintiff's father Sh.Hardev Singh Thakur had sold a house and land situate on khasra No.2112 to defendant No.2 who is maternal Aunt of the plaintiff and defendant No.1 who is her husband. It was further alleged that next to this house on khasra No.2097 there was a kitchen and over some portion of khasra No.2122 depicted as khasra No.2122/1 measuring 8.40 sq.meters there existed a latrine and bathroom. Plaintiff's case is that this land adjoins khasra No.2112 and the father of the plaintiff permitted the defendants to use the kitchen, bathroom and latrine existing on khasra No.2097 and 2122/1.

(3.) The stand of the defendants is that they had bought one house from the father of the plaintiff. Kitchen, bathroom and latrine were integral part of that house and they also pleaded that they were in possession since 13.11.1969 and have been treating this property to be in their ownership and as such in the alternative claimed ownership by way of adverse possession over the same.