LAWS(HPH)-2013-11-10

PAT RAM Vs. SEWATI

Decided On November 01, 2013
PAT RAM Appellant
V/S
Sewati Respondents

JUDGEMENT

(1.) Plaintiff, Pat Ram (appellant herein), who was plaintiff in his suit and defendant in the suit filed by defendant No.1, Smt. Sewati (respondent No.1 herein) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 18.2.2013, passed by the learned Additional District Judge, Solan, District Solan, H.P., in Civil Appeal No.107-S/13 of 2012, titled as Pat Ram versus Smt. Sewati and another, whereby judgments and decrees dated 31.5.2012, passed by the Civil Judge (Junior Division), Solan, District Solan, in Civil Suit No.270/01 of 2007/05, titled as Pat Ram versus Smt. Sewati and Civil Suit No. 271/01 of 2007/05, titled as Smt. Sewati versus Pat Ram and another, stands affirmed.

(2.) Plaintiff, Pat Ram filed a suit for declaration to the effect that he is owner in possession of the suit land and as such defendant Sewati be restrained from interfering with his possession. According to the plaintiff, vide sale deed dated 2.9.1982, he purchased land from Smt. Sewati but however particulars of the suit land (Khasra No.18), were inadvertently omitted to be recorded in the instrument of transfer.

(3.) Defendant, Smt. Sewati not only resisted the suit by claiming ownership, title and possession of the suit land but in fact filed a separate suit, seeking a decree for injunction, restraining the plaintiff from interfering with her possession over the suit land.