SMT. SAHIBU DEVI Vs. HARBANS SINGH AND ANR.

JUDGEMENT

(1.) This judgment will dispose of both the above titled appeals, having arisen from a common judgment of the learned District Judge, Shimla, passed in Civil Appeal No. 13 -S/13 of 1997 filed by the Defendants and Civil Appeal No. 18 -S/13 of 1997 filed by the Plaintiff.

(2.) Both the above Second Appeals filed by the Plaintiff/Appellant under Sec. 100 of the Code of Civil Procedure were admitted on the following, similar substantial questions law:

(3.) In brief, the facts giving rise to the present case can be stated thus. Appellant Sahibu Devi (hereinafter to be referred as "the Plaintiff), filed suit for seeking the relief of permanent injunction restraining the Respondents (now to be called "the Defendants") from causing any interference over a portion of khasra No. 1298/498 to the extent of 7 biswas identified as khasra No. 1298/498/1, as per Tatima enclosed with the plaint, to be referred as "the suit land".