DAYAL DEVI BATRA Vs. URMILA MATHUR

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 25.2.1995 passed by the learned District Judge, Solan whereby he confirmed the judgment and decree dated 20.12.1991 passed by the learned Senior Sub Judge, Solan dismissing the suit of the Plaintiff.

(2.) The Appellant (hereinafter referred to as the 'Plaintiff') filed a suit claiming that she had purchased Khasra No. 4002/334/2 measuring 9 biswas in village Sair from its previous owner Karam Chand Suri vide registered sale deed dated 16.11.1977. According to the Plaintiff, during the settlement operations, the aforesaid Khasra number was given new Khasra Nos. 1487, 1488, 1489, 1490, 1491 and 1492. It was further alleged that the Defendant started interfering and encroached upon the aforesaid land even prior to the purchase of the same by the Plaintiff. According to the Plaintiff, the Defendant had given an undertaking to Sh. Karam Chand Suri that he would either vacate the encroached area or compensate Sh. Karam Chand Suri. Writing in this behalf was allegedly executed on 17.4.1977, i.e., before the Plaintiff purchased the suit land on 16.11.1977.

(3.) According to the Plaintiff, during the course of the settlement operations, she came to know that the Defendant had encroached upon 22 square meters of land comprised in Khasra No. 1492. Hence the suit was filed for removal of encroachment and possession of the suit land.