SALOCHANA DEVI Vs. GOAMP DEVO

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Hamirpur on 1.5.2010 in Civil Appeal No. 212 of 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 against the appellants/defendants (hereinafter referred to as "the defendants" for convenience sake) for permanent prohibitory injunction and for possession and demarcation of the suit land. According to the averments contained in the plaint, land comprised in Khata No.107, Khatauni No. 234, Khasra No.696, measuring 325.50 square metres, situate in Tika Anu, Tappa Matti Tihra, Tehsil and District Hamirpur is recorded under the ownership and possession of plaintiff. According to the averments contained in the plaint, defendants are strangers and they have no right, title or interest over the suit land. According to the plaintiff, defendants have encroached upon some portion of the suit land by way of raising construction of 'chhajja ' and 'attli/bieu ' over the suit land forcibly.

(3.) NO replication was filed by the plaintiff. Issues were framed by the learned trial Court on 29.4.1998. The learned Civil Judge (Junior Division), Court No. II, Hamirpur decreed the suit on 31.10.2008. Defendants preferred an appeal before the learned District Judge, Hamirpur. He dismissed the same on 1.5.2010. Hence, this regular second appeal against the judgment and decree dated 1.5.2010 passed by the learned District Judge, Hamirpur.