NIRMALA DEVI Vs. AMAR CHAND

JUDGEMENT

(1.) THIS RegularSecond Appeal by the plaintiff is directed against the judgment and decree, dated 9.2.2000 of learned District Judge, whereby his appeal against the judgment and decree, dated 28.11.1990, of learned trial Court, by which her suit was dismissed, has been dismissed and the aforesaid judgment and decree, dated 28.11.1990, of learned trial Court affirmed.

(2.) APPELLANT -plaintiff filed a suit for declaration that she was owner in possession of land, bearing Khasra No.496/87/1, measuring 19 Marlas, which she claimed to have purchased from one Salig Ram, some time in the year 1979. By way of further relief, she prayed for issuance of permanent prohibitory injunction, restraining the respondent -defendant from causing any interference in her possession over the said land. It was stated that after purchasing the suit land from Saligram, in the year 1979, appellant -plaintiff had constructed her house thereon in the year 1979 itself and ever since she had been in possession thereof. Later on, plaint was amended and relief of mandatory injunction and possession was added. It was stated that in case Court came to the conclusion that respondent -defendant was in possession of any portion of the suit land and had raised any structure on any portion thereof, a decree of mandatory injunction for demolition of that structure and possession of vacant site of such structure be also passed in her favour.

(3.) TRIAL Court upheld the plea of adverse possession, as raised by the respondent -defendant and dismissed the suit. First appellate Court, which was approached by the appellant -plaintiff, dismissed the appeal.