LAWS(HPH)-2016-11-239

DEEPIKA VASHISHT DAUGHTER OF DHARAM DUTT AND ANOTHER Vs. RAKESH SINGH SON OF LATE SH DES RAJ AND ANOTHER

Decided On November 03, 2016
Deepika Vashisht Daughter Of Dharam Dutt And Another Appellant
V/S
Rakesh Singh Son Of Late Sh Des Raj And Another Respondents

JUDGEMENT

(1.) Present revision petition is filed under Section 151 of Code of Civil Procedure 1908 against order dated 29.9.2015 passed by learned Civil Judge Junior Division Court No.1 Una HP in civil suit No. 232 of 2014 whereby civil suit filed by plaintiffs was dismissed as withdrawn unconditionally under order XXIII rule I code of civil procedure 1908 and consequently application filed under section 151 CPC by defendants was also dismissed by learned Trial Court.

(2.) Rakesh Singh and another plaintiffs filed suit for permanent injunction restraining defendants from raising any sort of construction over suit land. In alternative relief of mandatory injunction also sought. It is pleaded that codefendant No.1 is co-sharer in suit land and co-defendant No.2 is stranger to the suit land and co-defendant No.1 has no right to change existing nature of suit land by way of raising construction over suit land. It is further pleaded that co-defendant No.1 is daughter-in-law of co-defendant No.2. It is further pleaded that defendants are threatening to raise construction over suit land forcibly. It is further pleaded that plaintiffs have requested the defendants not to raise construction over suit land but defendants did not accept the request of plaintiffs. Prayer for decree of suit as mentioned in relief clause of plaint sought.

(3.) Per contra written statement filed on behalf of defendants pleaded therein that plaintiffs have no cause of action to file suit and plaintiffs have suppressed the material facts from Court. It is further pleaded that co-defendant No.1 is in separate possession of suit land. It is further pleaded that plaintiffs did not file correct site plan. It is further pleaded that plaintiffs lavelled false allegation against defendants. Prayer for dismissal of suit sought.