SHARDA Vs. SHANGRI

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 2nd of August, 1999 passed by the learned District Judge, Shimla, whereby appeal of the appellant -defendant (hereinafter referred to as defendant No. 1) against judgment and decree dated 15.3.1996 passed by the learned Sub Judge, had been dismissed.

(2.) Brief facts leading to the filing of the present appeal are that respondent, Shangri (hereinafter referred to as plaintiff) instituted a suit for declaration that she along with respondents/proforma defendants No. 2 and3 (hereinafter referred to as defendants 2 and 31) were owners in possession of the land measuring 5 -3 bighas comprising Khasras Nos. 86, 88 and 89 situate in Chak Malog, Tehsil Jubbal, District Shimla (hereafter referred to as the suit land) and that the sale deed dated 2.2.1974 purporting to have been executed by late Mahantru in favour of the defendant was fake and forged and has no bearings on the rights of the plaintiff and defendants 2 and 3. The suit property is jointly owned by the plaintiff and defendants 2 and 3 and said Mahantru who was brother of grand -father of the plaintiff and proforma defendants 2 and 3. Said Mahantru died issueless and his share in the suit land was inherited by the plaintiff and defendants2 and 3, and thus they became joint owners of the entire suit land and it remained in their peaceful possession. The defendant No. 1, however, forcibly dispossessed them with her might and ill spirit, just to grab the land. Hence, apart from a decree for declaration as aforesaid, possession of the suit land has also been prayed for.

(3.) Defendant No. 1 and proforma defendants 4 to 7 contested the suit and filed separate written statements. Proforma defendants No. 2 and 3 are ex parte.