RAGHWA NAND SHARMA Vs. KUNTA DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 01.08.2002, passed by the learned District Judge, Solan, H.P. in Civil Appeal No. 27 -K/ 13 of 2002.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the appellant -plaintiff (hereinafter referred to as the plaintiff - for the sake of convenience) had filed a suit for permanent prohibitory injunction restraining the respondent -defendant (hereinafter referred to as the defendant - for the sake of convenience) from raising any construction and causing any interference in the land comprised in Khata Khatauni No. 10/14 min, bearing Khasra No. 424, measuring 0 -8 biswas, situated in Village Bisha, Pargana Bagri Kalan, District Solan, H.P., as per jamabandi for the year 199 1 -92 and also for mandatory injunction directing the defendant to remove the construction if she succeeds in raising the construction during the pendency of the suit and restoring the nature of the land in its original position. According to the plaintiff, he has purchased the suit land and other lands from Shri Bansi Dhar etc. vide registered sale deed No. 75, dated 30.05.1991, which was duly registered with the office of Sub -Registrar, Kandaghat. The defendant being stranger, in the month of February, 1996 with an intention to grab the portion of the suit land, started digging the foundations etc. of the house. She was requested not to do so. The demarcation was carried out by the revenue authorities. A legal notice was served upon the defendant on 05.02.1996, to which reply was filed on 12.02.1996. The demarcation was carried out by the Field Kanungo on 17.04.1996. It is in these circumstances that the present suit was filed.

(3.) REPLICATION was filed. The issues were framed by the learned Sub Judge 1st Class, Kandaghat, District Solan H.P. on 04.10.1997. Learned Sub Judge 1st Class, Kandaghat, District Solan, H.P. decreed the suit on 31.05.2001. The defendant was restrained permanently from raising any construction and causing any interference in the land comprised in Khata Khatauni No. 10/14 min, bearing Khasra No. 424, measuring 0 -8 biswas, situated in Village Bisha, pargana Bagri Kalan, Tehsil Kandaghat, District Solan, H.P. vide jamabandi for the year 199 1 -92 and a decree for mandatory injunction was also passed against the defendant and the defendant was directed to remove the construction material from the spot and dismantle the construction if she has raised any construction over the suit land during the pendency of the suit.