SMT. AJUDHYA DEVI Vs. SURINDER KUMAR & ORS.

JUDGEMENT

(1.) The petitioner-Ajudhya Devi (hereinafter referred to as the DH) filed a suit against six persons who were defendants to the suit. In this suit it was claimed that the DH is owner in possession of the land comprised in khata No. 158, khatauni No. 184, khasra No. 432 measuring 17-22 sq. meters in Mauja Mangwain,Tehsil Sadar, District Mandi. It was alleged that the defendants, who are owners of the adjoining land, had encroached upon a portion of khasra No. 432 and raised a wall thereon and had blocked the passage and had also affected the easementary rights of light and air of the DH.

(2.) During the course of this suit, evidence was recorded and report Ext. PW2/A was proved by the Kanungo and Patwari and as per this report, it was found that the defendants had encroached upon 1-76 sq. meters of land belonging to the DH. The Tatima Ext. PB was prepared in respect of this land which was depicted as khasra No. 432/1. After discussing the entire evidence, the learned Trial Court held that the defendants had in fact encroached upon the land of the DH to the extent of 1-76 sq. meters by raising a brick wall thereupon. Further it was held that by raising such construction the defendants had blocked the easementary rights of light and air of the DH. Thereafter a decree was passed in the following terms:-

(3.) Admittedly appeal filed by the defendants against the said decree was dismissed. The suit was decreed in the year 1995. The appeal was dismissed in the year 1996 and thereafter the real litigation started.