SANTOSH KUMARI Vs. MEWA SINGH

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by plaintiff against judgment and decree dtd. 10/3/2006 passed by District Judge, Una in Civil Appeal No. 83 of 2003, titled Santosh Kumari Vs. Malkiat Singh and others, whereby judgment and decree dtd. 21/8/2003 passed in Case No. 285/I of 1999, titled as Santosh Kumari Vs. Malkiat Singh and others, dismissing the suit of the plaintiff for permanent prohibitory injunction and for permanent injunction, has been affirmed.

(2.) Case of the plaintiff, in brief, is that she is owner in possession of Khasra No. 5064/3 and 5064/2 measuring 0/9/99 hectares situated in village Bhera, Tehsil Amb, District Una, H.P. which was purchased by her from defendant No. 1 through registered sale deed dtd. 18/6/1999, whereas defendants have no right, title or interest in the suit land and defendants No. 2 and 3 causing interference in the suit land and further that during pendency of suit they have forcibly encroached upon the suit land marked as letters A, B, C, D and E which is part of suit land compromised in Khasra No. 5064/2 and, therefore, plaintiff has prayed for decree for permanent prohibitory injunction with possession of portion encroached upon, referred supra.

(3.) Defendants No. 2 and 3 have contested the suit, denying the allegations of causing any interference by them in the suit land, but with claim that they are in possession of their own land comprised in Khasra No. 5064/2001, which was purchased by defendant No. 2 from defendant No. 1 and he has laid foundations over this land upon which plaintiff has no right, title and interest. It is further case of the defendant that plaintiff had filed an application for correction of revenue record, which was dismissed by Settlement Officer Dharamshala, H.P.