MANI DEVI Vs. SURESH CHAND

JUDGEMENT

(1.) By way of present appeal, the appellant has assailed the judgment and decree dtd. 5/11/2007, passed by learned District Judge, Kinnaur at Rampur Bushahr, H.P. in Civil Appeal No. 48 of 2005, arising out of judgment and decree dtd. 30/9/2005 passed by learned Civil Judge (Junior Division), Anni, District Kullu in Civil Suit No.14-1 of 2004.

(2.) Appellant herein was plaintiff before the Trial Court and respondents herein were defendants. The parties hereafter shall be referred to by the same status, which they held before the learned Trial Court.

(3.) Plaintiff filed the suit in respect of 2 biswas of land and house constructed thereon comprised in part of Khasra No. 409/283 in mauja /Phati Thachwa in village Jagatkhana, Tehsil Nirmand, District Kullu, H.P. (for short "suit property"). Plaintiff claimed the suit property as owner thereof by virtue of agreement to sell and alternatively under a gift executed by one Sh. Parmi, who was the original owner of the land comprised in Khasra No. 409/283. She alleged that defendants No. 1 to 3 were strangers to the suit property and defendants No. 4 to 6 were her tenants. As per plaintiff, defendants were sons of Sh. Rattan Dass, who had lived as husband of plaintiff for considerable long period. It was contended by plaintiff that after the death of Sh.Rattan Dass, defendants No. 1 to 3 illegally started claiming their rights over the suit property on the pretext that it belonged to their father. The peaceful possession of plaintiff was alleged to be disturbed by defendants No.1 to 3. It was also alleged that defendants No. 1 to 3 obstructed defendants No. 4 to 6 from paying rent to the plaintiff on the above noted averments relief in the following terms was prayed for:-