SEWA DASSI Vs. GOPAL SINGH (NOW DECEASED) THROUGH LEGAL REPRESENTATIVES NAIN KALI ALIAS PADAM PATI AND OTHERS

JUDGEMENT

(1.) The plaintiff is the appellant, who filed the suit for recovery of Rs.5,00,000.00 on account of damages caused to her property while constructing "Ganvi-Labana Sadana Link Road" by the defendants, was dismissed by both the learned Courts below, has filed the instant appeal. The parties shall be referred to as the plaintiff and the defendants.

(2.) It was averred that the plaintiff/appellant was a co-sharer of land comprised in Khata/Khatauni No.175/511, Khasra No. 627, measuring 0-20-06, situated at Muhal Ganvi, Pargana 15/20, Tehsil Rampur Bushehar, District Shimla, H.P.(hereinafter referred to as the suit land). The plaintiff had raised an orchard and also constructed a kucha house as well as cow shed over it. However, the defendants No.1 and 2, who were contractors while constructing the aforesaid road caused damaged to her apple trees, hence the suit.

(3.) The defendants contested the suit by raising various preliminary objections regarding limitation, maintainability of the suit, estoppel, cause of action, improper valuation, concealment of facts etc. On merits, it was averred that the suit land was classified as Banjar Kadim in the revenue record and maximum portion thereof was rocky and not an orchard as alleged. It was also averred that the plaintiff had constructed any kucha house or cow-shed over the same. However, it was fairly conceded that on account of some damages being caused to the plaintiff's property, the defendants had not only constructed RCC house for the plaintiff but had also paid a sum of Rs. 17500.00 to her and over and above this amount, the plaintiff was not entitled to any damages whatsoever.