MAINA DEVI Vs. JIA LAL AND OTHERS

JUDGEMENT

(1.) PLAINTIFF -appellant Maina Devi (hereinafter referred to as the plaintiff) has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 11.1.2012, passed by the learned Additional District Judge, Shimla, in Civil Appeal No. 23 -S/13 of 2007, titled as Maina Devi versus Jia Lal and others, whereby judgment and decree dated 12.3.2007, passed by the Civil Judge (Senior Division), Theog, District Shimla, in Civil Suit No. 49 -1 of 2005, titled as Maina Devi versus Jia Lal and others, stands affirmed. Plaintiff filed a suit for permanent prohibitory injunction against the defendants -respondents (hereinafter referred to as the defendants). Plaintiff sought decree for injunction restraining the defendants from using the suit land as a cremation ground.

(2.) BASED on the pleadings of the parties, trial Court framed the following issues:

(3.) COURTS below have concurrently held the plaintiff not to have established her right over the suit land. Revenue entries record the suit land to be owned by the State. Plaintiff's plea of having perfected her title by way of adverse possession has not been accepted by the lower appellate Court. Even otherwise, there is nothing on record to establish this fact. Also, record reveals that the plaintiff's contention about non -user of the suit land for the purpose of cremation stand repelled by the Courts below.