JAGDISHWARI DEVI Vs. SUBHASH CHAND

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, H.P. dated 24.11.2003, passed in Civil Appeal No.72 of 1998.

(2.) Key facts, necessary for the adjudication of this regular second appeal are that respondent-plaintiff (hereinafter referred to as the plaintiff) instituted a suit for permanent prohibitory injunction and in the alternative for possession, against the appellant-defendant (hereinafter referred to as the defendant). According to the plaintiff, the land comprised in Khata No. 183, Khatoni No. 272, Kh. No. 2755/1/1571/3, measuring 9 marlas, situate in Tika Sujanpur, Tappa Bhaleth, Tehsil Sujanpur, Distt. Hamirpur, H.P., was owned by him and other co-sharers. The defendant was stranger and she has got no right, title or interest over the suit land. The defendant has started illegal and unauthorized interference over the suit land by digging the same for the purpose of raising construction of the septic tank over it and has started collecting construction material over the same.

(3.) The suit was contested by the defendant. According to the defendant, the septic tank was constructed in her own land and when it was being dug and constructed, the plaintiff raised no objection. The septic tank was ready by 1.10.1993.