NARAIN CHAND AND ORS. Vs. BHAGO AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Solan, H.P. dated 21.06.2002, passed in Civil Appeal No. 9 -NL/13 of 2002.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the respondent -plaintiff (hereinafter referred to as the plaintiff), has instituted a suit for permanent prohibitory injunction against the appellants -defendants (hereinafter referred to as the defendants). According to the plaintiff, the property measuring 182 sq. ft. as shown in the site plan Annexure P -1, being part and situated in the area of abadi deh, bearing Kh. No. 1086 (1 bighas 14 biswas), comprised in Khewat Khatauni No. 277/371 min, as shown in Annexure P -2, is situated in Village Manpura, Pargana Dharampur, H.B. No. 164, Tehsil Nalagarh, Distt. Solan, H.P. The plaintiff was owner -in -possession of the suit property. She was in the enjoyment of the separate possession and user of the suit property and other property as Proprietor for her residential and cattle purposes, with the knowledge of the all concerned, including defendants who had admitted plaintiff to be in such possession. Defendant No. 1, namely, Rattan Singh was the Karta of the Joint Hindu Family, consisting of defendants No. 2 to 8. The dispute arose between the plaintiff and defendant No. 1. It was settled in Khangi Panchayat on 14.10.1996. Defendant No. 1 has admitted the plaintiff to be in exclusive possession of the suit property.

(3.) THE replication was filed by the plaintiff. The learned trial Court framed the issues on 24.6.1999. The suit was dismissed vide judgment dated 17.10.2001. The plaintiff, feeling aggrieved, preferred an appeal against the judgment and decree dated 17.10.2001. The learned Addl. District Judge, Solan, partly allowed the same on 21.6.2002. Hence, this regular second appeal.