SMT. PARO Vs. SMT. KRISHNA & OTHERS

JUDGEMENT

(1.) BOTH these appeals are being disposed of by a common judgment since they are between the same parties and involve the same property.

(2.) THE parties in question are neighbours. Smt. Paro Devi (hereinafter referred to as the original plaintiff) filed a Civil Suit No. 40/1 of 1996 against S/Shri Ajay Kumar Sood, Rakesh Kumar Sood, Rajesh Kumar Sood, their mother Smt. Krishna and their contractor Shri Narpat praying that a decree for permanent prohibitory and mandatory injunction be passed restraining the defendants from interfering in her land comprised in Khata/Khatauni No. 72/95, Khasra No. 270, measuring 0 -4 biswas. According to Paro Devi, she was the owner -in -possession of the suit land and the defendants were owners of the adjoining land. The defendants had started construction and digging work in such a manner as to endanger and encroach upon her land.

(3.) AJAY Kumar Sood and Rajesh Kumar Sood, who were the defendants in the earlier suit filed by Paro Devi, filed another Suit in the year 1997 praying that Paro Devi be restrained from encroaching upon or raising any construction over their land. This suit was contested by Paro Devi and Paro Devi was restrained from raising any construction or encroaching upon the land comprised in Khasra Nos. 268 and 269. The appeal filed by Paro Devi was allowed hence the two second appeals.