DEVI SARAN Vs. LEKH RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated March 18, 1982, of the learned District Judge, Solan and Sirmour Districts at Solan, whereby the suit of Devi Saran, now appellant before this Court, was dismissed in its entirety.

(2.) The bone of contention in between the parties is the land measuring 7 bighas 16 biswas contained in khasra Nos. 106 and 137 khata khatoni No. 47/63 situated at village Kothi Deora, tehsil and district Solan, hereinafter referred to as the disputed land.

(3.) The disputed land originally belonged to one Shri Guni. He had two wives, namely, Smt. Ganeshoo and Smt Shibi, besides two sisters, namely, Smt. Palko and Smt Kahno. Devi Saran, appellant, filed a suit for perpetual injunction and damages amounting to Rs. 400 on the ground that Smt. Shibi was the owner in possession of the suit land and she had willed away the property to him. Admittedly Smt. Shibi died after the year 1976 but before the filing of the suit on 1st December, 1978 The allegations made by the plaintiff is that defendants threatened to illegally disposses the plaintiff and also interfered in his possession particularly on 26th November, 1978 when they removed grass stacked at khasra No, 137 measuring 4 bighas 3 biswas forcibly and also tried to cut and remove the remaining grass subsequently on 30th November, 1978 and thereby caused damages to the tune of Rs 400. Consequently, the appellant filed the instant suit for perpetual injunction and damages amounting to Rs. 400 against the defendants.