PUSHPAL Vs. MANASA DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 25.09.2010, passed by the learned District Judge, Kangra at Dharamshala (H.P.) in Civil Appeal (RBT) No. 114 - G/XIII -2010/2008.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the Respondent -Plaintiff (hereinafter referred to as "the Plaintiff" for convenience sake) has instituted a suit for injunction and possession against the Appellant -Defendant (hereinafter referred to as "the Defendant" for brevity sake). According to the Plaintiff, the suit land detailed in the plaint was owned and possessed by her and the Defendant was complete stranger to the suit land and he has no title and interest in and over the suit land. According to the Plaintiff, the Defendant had raised construction of cow -shed in the suit land as shown in the site plan and he requested the Defendant not to interfere in the suit land. It was further pleaded that the Defendant interfered in the suit land in the month of July 2001 and collected construction material. Plaintiff filed a suit and Defendant appeared in the civil suit and filed written statement that he would not interfere and would not raise any construction over the suit land and thereafter, the former suit was withdrawn on 27.09.2002 by the Plaintiff. However, in the month of January 2003, the Defendant raised construction of house and kitchen over the suit land shown as ABCD and IJKL in the site plan without the consent of Plaintiff. It was also pleaded that the Defendant also took demarcation from Field Kanungo on 03.05.2003 in case No. 114/T/03 and the Kanungo also found the said construction of Defendant in the suit land. The report of the Field Kanungo was confirmed by the Tehsildar, Dehra on 17.06.2003. Thus, in these circumstances, the suit was filed.

(3.) THE Defendant preferred an appeal before the learned District Judge, Kangra at Dharamshala (H.P.). The same was dismissed on 25.09.2010. Hence, this Regular Second Appeal.