NARAIN DASS Vs. VIDYA DEVI

JUDGEMENT

(1.) PRESENT appeal filed against the judgment and decree passed by learned District Judge Mandi in Civil Appeal No. 116 of 1999 titled Narin Dass and others Vs. Smt. Vidya Devi. During the pendency of this Regular Second Appeal plaintiff Smt. Vidya Devi died and her legal heirs were brought on record.

(2.) BRIEF facts of the case as pleaded are that deceased Vidya Devi plaintiff through her general attorney filed a suit for injunction against the appellants -defendants. It is pleaded that deceased plaintiff is the owner in possession of the suit land comprised in khasra Nos. 245 and 248 kita 2 measuring 1091.4 Sq yards situated in Mohal Joginder Nagar Tehsil Joginder Nagar District Mandi HP. It is pleaded that defendants have no right, title or interest over the suit land. It is further pleaded that defendants are interfering in the suit land. It is further pleaded that defendants have collected building materials over the suit land with a view to raise wall or cowshed over the suit land since 17.4.1996. It is further pleaded that the defendants have no right to raise construction or interfere with the possession of plaintiff over the suit land. It is pleaded that deceased plaintiff requested the defendants several times to desist from illegal activities over the suit land but defendants refused to adhere to the lawful request of the plaintiff. Prayer for grant of decree as mentioned in relief clause of the plaint sought.

(3.) WHETHER the plaintiff has got no legally enforceable cause of action as alleged?....OPD