BIMLA DEVI Vs. PIYUNGLA DEVI

JUDGEMENT

(1.) THIS is the plaintiff's Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiff's Civil Suit No. 47 of 1993, titled as Smt. Bimla Devi vs. Shri Gittu Ram, stands decreed by the learned Sub Judge, Ist Class (I), Hamirpur, H.P., in terms of judgment and decree dated 9.1.1998. Aggrieved thereof, defendant filed an appeal which stands allowed in terms of judgment and decree dated 4.2.2002, passed by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 33 of 1998, titled as Shri Gittu Ram vs. Smt. Bimla Devi.

(2.) APPELLANT Smt. Bimla Devi (hereinafter referred to as the plaintiff) filed a suit for demarcation and possession of the suit land against respondent Sh. Geetu Ram (hereinafter referred to as the defendant). According to the plaintiff, defendant encroached upon six marlas out of land comprising khasra No. 29 situated in village Bhatal, Mouza Balduhak, Tehsil Nadaun, District Hamirpur, H.P. The total area of this khasra number is 3 kanals and five marlas and the same is owned by the plaintiff.

(3.) BASED on the pleadings of the parties, the trial Court framed the following issues: 1. Whether the plaintiff is entitled for demarcation of the suit land as alleged? OPP