SOBHA RAM Vs. BAGGI DEVI

JUDGEMENT

(1.) This Regular Second Appeal is instituted against judgment and decree dated 3.9.2004 rendered by learned District Judge, Sirmaur District at Nahan, HP in Civil Appeal No. 80-CA/13 of 2003.

(2.) "Key facts" necessary for the adjudication of the present appeal are that the respondent-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake) filed a suit for permanent prohibitory injunction against the appellant-defendant (hereinafter referred to as 'defendant' for convenience sake). Plaintiff claims ownership of Shops No. 1 and 2 as shown in red colour in annexure P which is situate in Khasra No. 1066/739/533/4/3, which was part of Khasra No. 1066/739/533/4, on the basis of partition. Mutation of partition No. 1360 was attested in favour of the plaintiff as per copy of Jamabandi for the year 1996-97. Defendant has no right, title or interest over shops No. 1 and 2 as shown in annexure P in red colour, which were allotted to the plaintiff in the partition. Shop No.3, shown in blue colour, was allotted to the defendant in the partition proceedings. Defendant, on 21.10.2000, alongwith his family members tried to demolish the AB wall of shop No.2 as shown in the plan.

(3.) Suit was contested by the defendant. According to the defendant, partition between the parties took place on 7.6.1995 of 34 bighas 16 biswas of land. Defendant was allotted Khasra No. 1066/739/533/3. Plaintiff was allotted Khasra No. 1066/739/533/4. According to the defendant, he was entitled to half portion of middle shop. Plaintiff was not entitled to possession. Shops were constructed by defendant's father Budh Ram. Defendant has every right to claim half portion of the shop shown in annexure P.