ASHOK KUMAR Vs. SUSHMA GUPTA

JUDGEMENT

(1.) THE appellant is the defendant, who is aggrieved by the judgment and decree dated 23.5.2002 passed by learned District Judge, Kangra at Dharamshala, in Civil Appeal No. 60 of 2000 whereby he upheld the judgment and decree dated 17.3.1999 passed by learned Sub Judge 1st Class (I), Kangra in Civil Suit No. 186 of 1990.

(2.) THE facts, in brief, are that the predecessor of the respondents, namely Kesari Devi, instituted the suit for declaration with permanent and prohibitory injunction, restraining the appellant/defendant from changing the nature, digging foundations and raising construction over the land shown as 'Gair Mumkin Sehan' entered in Khata No. 76 min, Khatauni No. 156 min, Khasra No. 942, measuring 93.39 sq. mtrs. situated in Up -Mohal Tehsil Chowk, Mouza Ujjain, Tehsil and District Kangra, H.P. (hereinafter referred to as the land in dispute) and in case any encroachment is effected, the same be got demolished and removed by grant of mandatory injunction, on the pleadings that land in dispute is entered as 'Gair Mumkin Sehan' jointly owned and possessed by the parties and the plaintiff is simpleton and widow whereas the defendant is very clever, shrewd and strong headed person and the defendant, since beginning of May 1990, started collecting material and is threatening to lay foundation, change the nature and raise construction over the jointly owned and possessed 'Gair Mumkin Sehan' for which he has no right and if the construction is raised over any portion of the land in dispute, the same deserves to be removed and demolished by grant of mandatory injunction. During the pendency of the suit, the original plaintiff Kesari Devi died and her legal representatives were substituted by the order of the trial Court dated 11.8.1993.

(3.) THE plaintiff filed the replication to the written statement filed by the defendant and reiterated all the allegations made in the plaint and denied those of the written statement.