SUSHEEL KUMAR ABROL Vs. VINAY JAIN

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 4.10.2012 passed by the learned District Judge, Solan in Civil Appeal No. 58-S/13 of 2009.

(2.) "Key facts " necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as the "plaintiff " for convenience sake) filed a suit praying for decree of permanent injunction restraining the appellant-defendant (hereinafter referred to as the "defendant " for convenience sake) from interfering with the possession and enjoyment over the land comprised in khata/khatauni No. 46 min/129, khasra No. 322 and 323 kitas 2 measuring 3591 square meters situated in Mauza Naryal, Pargana Bhaget, Tehsil Kasauli, District Solan. According to the plaintiff, she is exclusive owner in possession of the suit land and has constructed her house on khasra No. 323, which is also in her exclusive possession. Defendant is stranger to the suit land. He has purchased the adjoining land from the husband of the plaintiff comprised in Khata Khatauni No. 46 min/128, Khasra No. 329 and 335, kitas 2 measuring 2159 square meters whereon the house and industrial shed are existing. Defendant is trying to interfere in the suit land by intending to raise construction over it and by digging the same.

(3.) Suit was contested by the defendant. According to the defendant, plaintiff is not exclusive owner in possession of the suit land. She had entered into an agreement with Rakesh Kumar Gupta whereby she had sold the suit land along with building existing on a portion of the same to him and had received the entire consideration amount and handed over the actual and physical possession of the land to him on the spot. It is specifically denied that the house is in exclusive possession of the plaintiff. It is stated that Rakesh Kumar Gupta is in actual and physical possession of the suit land, including building in Khasra No. 323. It is alleged that defendant has neither purchased any adjoining land from the husband of the plaintiff nor he has anything to do with the same. According to him, it is M/s. Synergies Technologies which has purchased the adjoining property from the husband of plaintiff.