KIRTAN SINGH Vs. LILA DEVI

JUDGEMENT

(1.) THE Appellant hereinafter to be referred as 'the Plaintiff ' has filed the present regular second appeal, having felt aggrieved and dissatisfied by the judgment and decree passed by the learned District Judge in Civil Appeal No. 90 of 2000 decided on 24.7.2002, whereby the decree passed by the learned trial Court was modified.

(2.) THE present regular second appeal was admitted for hearing on the following substantial question of law:

(3.) THE Defendant resisted and contested the suit. In her written statement, she denied the ownership of the Plaintiff as alleged. The preliminary objections with respect to the cause of action and maintainability of the suit were raised and on merits, pleaded that the land in question is joint and in the possession of the parties and other co -sharers. It was also averred that there was some private arrangement with respect to the possession inter se the co -owners and they raised the construction over their respective shares. Defendant has also completed the construction of her house much before the Plaintiff purchased the land in the said Khata. The breast wall and the pillars were raised by the predecessor -in -interest of the Plaintiff. She only started construction of her house in the year 1990 at the same place and completed it upto ground floor in the year 1992 and since the year 1994, she has been living in the house aforesaid. The Plaintiff purchased the land in the year 1993 i.e. after completion of the construction by her and prayed for dismissal of the suit.