KRISHNA DEVI Vs. ULFAT AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Sirmaur at Nahan, H.P., dated 5.11.2005, passed in Civil Appeal No. 49 -CA/13 of 2005.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant -plaintiff (hereinafter referred to as the plaintiff), has instituted suit for permanent prohibitory injunction restraining the respondents -defendants (hereinafter referred to as the defendants) from interfering, digging foundation and raising construction in the land comprised in Khata Khatauni No. 159/253 to 255, Kh. Nos. 504/41 min, measuring 1 bigha 10 biswas, 504/41 min, measuring 2 bighas 3 biswas, 504/41 min, measuring 1 bigha 17 biswas, total land measuring 5 -10 bighas, situated in Mauja Kolar, Tehsil Paonta Sahib, Distt. Sirmaur, H.P. (hereinafter referred to as the suit land). The case set up by the plaintiff is that she and defendants are co -sharers in possession of the suit land. The defendants have started changing the nature of the suit land by digging on the best portion thereof despite her opposition on 21.1.2004 without getting the suit land partitioned. The plaintiff would suffer irreparable loss as she will be deprived of the best portion of the suit land.

(3.) THE replication was filed. The learned Civil Judge (Jr. Divn.) Court No. 2, Paonta Sahib, framed the issues on 20.4.2004. The suit was decreed vide judgment dated 31.3.2005. The defendants, feeling aggrieved, preferred an appeal against the judgment and decree dated 31.3.2005. The learned District Judge, Sirmaur at Nahan, allowed the same on 5.11.2005. Hence, this regular second appeal.