ASHA KUMARI SHUKLA Vs. PIAR CHAND

JUDGEMENT

(1.) By way of instant petition, the petitioner has assailed order dtd. 10/5/2022 passed by learned Civil Judge, Court No.1, Dharamshala, District Kangra, in Civil Suit No.13/2016, whereby the application filed by the petitioner under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short 'the Code'), has been dismissed.

(2.) The petitioner is the original plaintiff in Civil Suit No.13/2016 pending before the learned Civil Judge, Court No.1, Dharamshala. The suit has been filed for possession of land measuring 11x40 meters in Khata No.117, Khatoni No.138, Khasra No.1008/879/522 situated in Mohal Tangroti Khas, Tehsil Dharamshala, District Kangra. It has been alleged that the defendant has encroached upon the suit land by raising WC, bathroom and a cow-shed etc. The plaintiff has specifically averred that before filing this suit, she had applied for demarcation of the suit land to the concerned revenue authority. Sh. Sant Ram Thakur, retired Tehsildar, was appointed as Local Commissioner for demarcation of the land, who carried out the demarcation on 2/11/2014 and reported the encroachment of defendant on the suit land to the extent of 11x40 meters.

(3.) The respondent, who is the original defendant before the learned trial Court, has filed the written statement. The allegation of encroachment upon the suit land and the averments with respect to conduct of demarcation by Sh. Sant Ram Thakur have been specifically denied.