SMT. SATYA DEVI Vs. DEVI DASS

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree, dated 3.2.2009, of leaned District Judge (first Appellate Court), whereby plaintiff's appeal challenging the judgment and decree, dated 31.1.2008, of the trial Court, decreeing the suit of the plaintiff -respondent, has been dismissed.

(2.) RESPONDENT Devi Dass filed a suit for permanent prohibitory injunction, restraining the appellant -defendant from interfering in his land measuring 1 Kanals 4 Marlas, as described in the plaint, alleging that he was the owner, but the appellant -defendant, without any right, title or interest was threatening to dispossess him.

(3.) TRIAL Court returned the finding that the respondent -plaintiff was owner in possession of the suit land. Appellant -defendant's plea of adverse possession was rejected. Consequently, suit was decreed.