ROHANI DEVI Vs. MANSA DEVI

JUDGEMENT

(1.) THE defendant has come in appeal against judgment, decree dated 28.03.2001 passed by learned Additional District Judge, Mandi, in Civil Appeal No. 26 of 1995, affirming judgment, decree dated 28.01.1995 passed by learned Sub Judge Ist Class, Joginder Nagar, in Civil Suit No. 203 of 1991.

(2.) THE fact, in brief, are that Duni Chand, husband of respondent, filed the suit against appellant,Duni Chand died during the pendency of the suit and respondent was substituted as plaintiff. The further case of the respondent is that she is owner in possession of the land comprised in Khasra No.1065/1, measuring 0 -2 -19 bighas, situated in Mohal Bharol, Sub -Tehsil Lad Bharol. The respondent is owner in possession of suit land on the basis of judgment, decree dated 02.06.1990 and sale deed dated 30.10.1991. The appellant has no right, title or interest over the suit land. The appellant made an unsuccessful attempt to dispossess the respondent from the suit land on 08.11.1991, hence a suit for permanent prohibitory injunction. In the alternative, suit for possession in case respondent is dispossessed from the suit land.

(3.) ON the pleadings of the parties, the following issues were framed: