PRAMILA DEVI Vs. BHUPA RAM

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India, against the order dated 04.07.2016, passed by the learned Civil Judge (Sr. Division) Court No.1, Ghumarwin, District Bilaspur, (H.P.) , in Civil Suit No.158/01 of 2015, with a prayer to set aside the impugned order and to allow the present petition.

(2.) Briefly stating the facts giving rise to the present petition are that the respondent, who was the plaintiff before the Court below (hereinafter to be called as "the respondent") has filed a suit under Section 37 of the Specific Relief Act for permanent injunction restraining the defendant (hereinafter to be referred as "the petitioner") from causing any interference by digging the land, raising any construction, occupying any part, cutting and removing trees, grass and harvest and also from changing the nature of the land measuring 5-6 bighas comprised in Khasra No.204, 111 Kita-2 No.Khata/Khatauni 31/32, situated at village Makri, Pargna Baseh, Tehsil Jhandutta, District Bilaspur, (H.P.) . The petitioner has further alleged that he is in exclusive possession over the suit land. The defendant is stranger to the land in dispute and he has got no right, title and interest in any manner whatsoever over any part of the suit land and is liable to be restrained from causing any interference.

(3.) It has been alleged that earlier to this suit, the respondent/plaintiff also filed suit against the husband of the petitioner/defendant and after the death of the husband, the respondent/plaintiff filed the present suit. It has been alleged that the petitioner/defendant is a rustic villager and illiterate lady having no knowledge of technicalities of law as she could not file written statement within specific period due to the reason that after the death of her husband, the petitioner/defendant remained ill due to the shock of the sudden and untimely death of her husband.