JAGDISH RAJ AND ANOTHER Vs. DHALI DEVI

JUDGEMENT

(1.) Order dated 10.05.2016 passed by learned District Judge, Kullu in an application under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure registered as Civil Miscellaneous Application No. 144 of 2015, is under challenge in this petition. Learned lower appellate Court has allowed the application and permitted the respondent-plaintiff to produce the documents i.e. sale deeds and gift deeds executed by Poshu, a co-sharer in the suit land measuring 4-4-0 bighas entered in Khasra No. 576, Khata Khatauni No. 104/166 to the extent of 68/672 shares situated at Phati Balh Kothi Maharaja, Tehsil and District, Kullu.

(2.) The respondent (hereinafter referred to as the 'plaintiff') claims herself to be the owner in possession of the suit land, as according to her Shri Poshu has gifted away the same to her. The petitioners (hereinafter referred to as the 'defendants') when allegedly started causing interference in the suit land, she filed a suit in the Court of learned Civil Judge (Senior Division), Kullu, District Kullu, Himachal Pradesh for the decree of permanent prohibitory injunction on several grounds, however, mainly that in view of alienation of the suit land by said Shri Poshu, partly in favour of defendant No. 2 and partly in favour of Sunita Kumari, Dushyant Thakur and Khekh Ram by way of sale deeds and also the gift deeds, he was not left with any land for being gifted away to the plaintiff.

(3.) On the pleadings of the parties issues including as to whether plaintiff is neither owner nor in possession of the suit land came to be framed in the suit in the trial Court. The parties were put to trial. After having taken on record the evidence produced by the parties on both sides and affording opportunity of being heard, learned trial Judge has dismissed the suit.