MEENA KUMARI Vs. HET RAM AND ANOTHER

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 02.09.2011, passed by the learned District Judge, Shimla in Civil Appeal No. 6 -S/13 of 2011.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the respondents -plaintiffs (hereinafter referred to as "the plaintiffs" for convenience sake) had instituted a suit for permanent prohibitory injunction against the appellant -defendant (hereinafter referred to as 'the defendant' for brevity sake) stating therein that they were co -owners in possession of land described in Khata Khatauni No. 41/118, Khasra No. 15, measuring 0 -30 -04 hectares, as per Jamabandi for the year 2003 -2004. The defendant has purchased a share in the land described in Khata Khatauni No. 41/118, vide registered sale deed No. 204 on 16.02.2009. The defendant and also her predecessor -in -title had not been in possession of the suit land. The defendant wanted to take forcible possession of the suit land. She started interfering with the possession of plaintiffs from March, 2009.

(3.) THE suit was contested by the defendants by filing a written statement. The defendant had admitted the plaintiffs as co -owners of the suit land. However, according to her, the plaintiffs were not in possession. She has purchased a share in the suit land vide registered sale deed No. 204, dated 16.02.2009. She had claimed possession of the suit land. Learned Civil Judge (Junior Division), Shimla framed the issues on 03.09.2009. He decreed the suit on 3rd December, 2010. The defendant preferred an appeal before the learned District Judge, Shimla. The same was dismissed on 02.09.2011. Hence, this Regular Second Appeal.