MADAN SHARMA ALIAS BHOLA Vs. BIMLA DEVI

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) RESPONDENT / plaintiff Bimla Devi, filed a suit for permanent prohibitory injunction restraining the appellants / defendants from interfering in her possession over land, measuring 2 Bighas 4 Biswas, bearing Khasra No. 192, alleging that she and her sisters were the owners of the said land and that prior to her and her sisters, her mother Karmi was its owner. It was also alleged that a few days prior to the institution of the suit, the appellants tried to construct a house on one side of the suit land and when they were requested not to make any encroachment, they did not pay any heed to such request and threatened to dig foundations and to construct a house.

(3.) TRIAL Court framed various issues, based on the pleadings of the parties, and then tried the suit. Ultimately, the trial Court dismissed the suit, holding that the defendants had become owners by adverse possession. The plaintiff / respondent went in appeal to the Court of the learned District Judge. She challenged the finding returned by the trial Court that the appellants / defendants had acquired title by prescription. The learned District Judge has accepted the appeal by setting aside the finding of the trial Court that the appellants / defendants have acquired title and returning a finding that they are out of possession and passed a decree of permanent prohibitory injunction.