H.P. HOUSING Vs. KUSUM LATA

JUDGEMENT

(1.) By way of the present appeal, the appellant has challenged the judgment and decree passed by the Court of learned Additional District Judge, Una, District Una, (H.P), in Civil Appeal No.69 of 2003, dated 3.12.2005, vide which, the learned lower Appellate Court has affirmed the judgment and decree passed by the then learned Senior Sub Judge, Una, District Una, (H.P), in Civil Suit No.216 of 1995, dated 5.5.2003.

(2.) Briefly stating facts giving rise to the present appeal are that appellant/plaintiff (hereinafter referred to as 'the plaintiff') is a statutory authority and is carrying on the functions of H.P. Housing and Urban Development Authority. The plaintiff/board allotted LIG House No.132, situated in H.P. Housing Board Colony at Rakkar, in favour of Jiwan Kumar son of Lachhman Dass. Shri Jiwan Kumar, executed Hire Purchase Tenancy Agreement. He was accorded permission for transfer of house to his daughter Kusum Lata/defendant (hereinafter referred to as 'the defendant'). The said allotment was within a provision of some extension, which was to be carried out, after approval of the proposed construction, additions and alteration. The defendant submitted the plan for approval, which was approved by the plaintiff/board with certain modifications. The officials of the plaintiff/board in the month of September, 1994 found that the defendant was raising unauthorized construction, on the portion shown with letters 'ECGHIJKL' on the allotted land shown with letters 'DCNM' and the defendant had further encroached upon portion marked with letters 'ABCD' belonging to the plaintiff/board. The matter was reported to Assistant Engineer, who issued notice directing the defendant to stop the unauthorized construction, vide letters dated 8.9.1994 and 30.9.1994, but the defendant did not stop the construction work. The encroachment and unauthorized construction had caused legal injury to the residents of the colony and spoiled the uniformity of the plan carved out for providing maximum amenities to the residents and infringed the rules and regulations.

(3.) Written statement was filed by the defendant and it is averred that the defendant had not encroached the land of the plaintiff. There was a deep 'Nallah' on the western side of the house of the defendant. During the year 1979-80, due to erosion the danger was caused to the building of the defendant. Jiwan Kumar, father of the defendant constructed a retaining wall in the year 1980, on the back side of his house. The retaining wall was constructed with the permission and active consent of the Engineer and other staff officials of the plaintiff/board. The ground floor was constructed by the defendant in the year 1987-88. The plaintiff/board visited the place so many times, but no objections were raised. The construction was completed before 8.9.1994, but till then no objections were raised by the plaintiff/board. The defendant had become owner of the encroached portion by way of adverse possession.