JAI SINGH Vs. RADHA DEVI AND ANR.

JUDGEMENT

(1.) The Defendant No. 1 has come in appeal against judgment, decree dated 1.6.2000 passed by learned District Judge, Shimla in Civil Appeal No. 54 -S/13 of 1999 reversing judgment, decree dated 11.5.1999 passed by learned sub Judge 1st Class, Court No. 1, Shimla in Case No. 66/1 of 1995/91.

(2.) The facts, in brief, are that Respondent No. 1 had filed a suit for permanent prohibitory injunction against the Appellant and Respondent No. 2 on the grounds that she is exclusive owner in possession of the land comprised in Khata Khatauni No. 18/24, Kita 2 measuring 15 biswas situated in Mauja Naldehra, Pargana Kogi, Tehsil and District Shimla. The Appellant and Respondent No. 2 have no right, title or interest in the suit land, however, taking the advantage of weakness of Respondent No. 1, the Appellant and Respondent No. 2 are threatening to forcibly dispossess the Respondent No. 1 from a portion of the suit land by raising construction thereon. The Appellant Respondent No. 2 have started digging the suit land forcibly. It has been alleged that a portion of the suit land was encroached during the pendency of the suit and therefore, a prayer for mandatory injunction was also added by way of amendment in the plaint.

(3.) The suit was contested by Appellant and Respondent No. 2 by filing the written statement in which they have submitted that they have no concern with the suit land but they denied that they are threatening to dispossess the Respondent No. 1 or they have encroached any portion of the suit land during the pendency of the suit.