LAWS(HPH)-2011-8-124

SURINDER KUMAR Vs. VIDYA DEVI

Decided On August 29, 2011
SURINDER KUMAR Appellant
V/S
VIDYA DEVI Respondents

JUDGEMENT

(1.) The present Regular Second Appeal filed by the appellant under Section 100 of the Code of Civil Procedure was admitted on the following substantial questions of law:

(2.) Briefly, the facts giving rise to the present appeal can be stated thus. The appellant hereinafter to be referred to as the plaintiff filed civil suit No. 316 of 1994 against the respondent hereinafter to be called as the defendant, for seeking relief of declaration on the ground that the entries in the revenue record showing the defendant in possession of the suit-land are against factual position, thus wrong and illegal, consequently prayed for injunction, in the alternative sought possession, if during the pendency of the suit, the suit land is encroached upon by the defendant.

(3.) The case of the plaintiff is that she has a house at Palampur, though she was residing at Delhi and also goes aboard. In the month of July, 1994 she visited Palampur to renovate her house adjacent the suit land, she came to know about the wrong entries in the column of possession in the revenue record, which are nonest of her rights and sought the above relief.