KRISHAN DEV Vs. RAM PIARI

JUDGEMENT

(1.) This revision-petition is directed against a decree of the learned District Judge, Mahasu, whereby, as a result of variation of a decree of the learned Senior Subordinate Judge, Mahasu, the respondent was granted a decree for possession of a site, after removal of the structures, put up by the petitioner.

(2.) The respondent had brought a suit for possession of a portion of the site, comprised in Khasra No. 19, situated in bazar Badah (popular !y known as Dhali bazar, a suburb of Simla), after demolition of the structures, put by the petitioner, and for the issue of a permanent injunction. The allegations of the respondent were that the site, in dispute, which was previously comprised, in Khasra Nos. 107 and 108, village Badah, was owned by M/S. Darbari Lal Vasu Dev, and was purchased by her husband, on the basis of a registered sale-deed dated 30-71957, that her husband had transferred the site in her favour, that the petitioner was a sub-tenant of the land adjoining the site, that the petitioner had built a Dhara and a stair-case on the land under his sub-tenancy and had, while doing so, illegally encroached upon, a portion of the site. The respondent prayed that she may be granted possession of the portion of the site, illegally encroached upon, by the peti-tioner, and he may be permanently restrained, bythe issue of an injunction, from interfering with her possession.

(3.) The petitioner denied that he had en-croached upon any portion of the site, belonging to the respondent. He pleaded that he had put up structures on his own land which he had purchased from Satya Pal. The petitioner, further, pleadded, that even if it be found, that any structures, put up by him, were on the site, belonging to the respondent, she was not entitled to get the structures demolished, as she had acquiesced in their construction.