KESO ALIAS KASHORI LAL AND OTHERS Vs. PREMI DEVI (SINCE DECEASED) THROUGH HER LEGAL REPRESENTATIVES & OTHERS

JUDGEMENT

(1.) The plaintiff's suit for declaration with consequential relief of permanent prohibitory injunction and in the alternative for possession stood dismissed by the learned trial Court whereupon on standing aggrieved, the plaintiff/respondent herein preferred an appeal therefrom before the learned First Appellate Court, the latter Court, however, reversed the verdict recorded by the learned trial Court thereupon it decreed the suit of the plaintiff.

(2.) The defendants/appellants herein on standing aggrieved by the verdict of the learned First Appellate Court concerts through the instant appeal instituted herebefore to beget a reversal of its pronouncement.

(3.) Briefly stated the facts of the case are that the plaintiff filed a suit for declaration with consequential relief of permanent injunction against the defendants with respect to the suit land comprising of khata No. 117, khatauni No. 182, khasra Nos. 161, 162,measuring 0-10-84 hectares and khata No. 92, khatauni No. 144, khasra No.160 area measuring 0- 01-71 hectares and khata No.129 min, Khatauni No. 197 min, khasra No. 159, area measuring 0-12-64 hectares, situated in mohal Thara, mauja Rajol, Tehsil Shahpur District Kangra on the allegations that she is owner in possession of the suit land over which her abadi is stated to be situated. She has also averred further that valuable trees are existing over the suit land and the defendants being strangers have no right, title or interest in the suit land. She has averred further that she is drawing all the usufructs of the suit land and the defendants have been interfering in the suit land without any right, title or interest. She has also pleaded that the parties had also been in litigation earlier qua the part of the suit land denoted by khasra No.159, and the present defendant Kesho Ram had filed a suit against Prithvi etc. about this part of the suit land which suit of Kesho Ram stood dismissed by the then learned Sub Judge 1st Class, Kangra on 14.05.1982 and that suit was registered as Civil Suit No. 34/1980. It is further pleaded that the defendants threatened her to dispossess her from the suit land in the end of Nov., 1999 and therefore, this suit for declaration and injunction. In the alternative, the plaintiff has also claimed relief of possession by demolition of structure if raised by the defendants in the suit land during the pendency of the suit.