UMA DUTT Vs. GOVERDHAN DASS

JUDGEMENT

(1.) This regular second appeal is instituted against the impugned judgment and decree dated 1.3.2008 rendered by learned District Judge (Forest), Shimla, in Civil Appeal No. 41-S/13 of 07/05.

(2.) The key facts necessary for the adjudication of the appeal are that the appellant-plaintiff, Uma Dutt, (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit for permanent prohibitory injunction against respondent-defendant, Goverdhan Dass (hereinafter referred to as the "defendant" for the convenience sake) restraining him from interfering in the possession of the plaintiff and proforma defendant Anju Bala (deleted from array of the respondents by this Court vide order dated 21.4.2010) over the land comprised in Khata Khatauni No.128/241, Khasra No.1195/1158/6, total measuring 2-15 Bighas to the extent of 1 biswa and the land comprised in Khata Khatauni No.188/301, Khasra No.950/2, measuring 3 biswas, situated in Mohal Chamyana, Hadbast No.372, Tehsil and District Shimla, H.P. According to the averments made in the plaint, the plaintiff along with proforma defendant is owner in possession of the land and house comprised in Khata Khatauni No.128/241, Khasra No. 1195/1158/6 and Khata Khatauni No.188/301, Khasra No.950/2. The plaintiff had purchased the land comprised in Khasra No.950/2 along with structure vide registered sale deed dated 11.9.1995. He had also purchased the land to the extent of 1 biswa out of the land comprised in Khasra No.1195/1158/6 vide registered sale deed dated 14.12.1999. The mutation was also attested in his favour. The plaintiff is in possession of the suit land where he has raised structure and some part of it is still vacant. The defendant has no right, title or interest over the suit land. The defendant was trying to interfere in the possession of the plaintiff over the suit land.

(3.) The suit was contested by the defendant. According to him, the plaintiff is not in possession of any portion of land comprised in Khasra No.1195/1158/6 at the spot. The plaintiff has constructed his house on Khasra No.952/2. The plaintiff and proforma defendant are owners to the extent of 2 biswas of land comprised in Khasra No.950/2. Plaintiff has constructed his house in Khasra No.952/2 and he has encroached upon the land more than his share.