RAJ MAL RAJPOOT Vs. RAJ KUMARI

JUDGEMENT

(1.) These appeals have been preferred by the plaintiff against the judgment and decree of the learned District Judge affirming the decree of the learned Sub Judge Ist Class-(3), Shimla, dismissing the suit instituted by the plaintiff-appellant.

(2.) The plaintiff pleaded that he was in the Indian Army and was posted outside Shimla. Taking advantage of his absence, the defendant started raising construction by encroaching upon the land and obtained permission from the Municipal Corporation, Shimla and the Town and Country Planning on the basis of some forged documents. The plaintiff requested the defendant to confine the construction to her land, but instead, she raised construction over an area of 4ft. x 6 ft. on the land of the plaintiff. During the pendency of the suit, she also constructed a WC and Bathroom over land comprised in Khasra No.241/111 and placed a water tank over the land which obviously did not belong to her.

(3.) The plaintiff prayed for a mandatory injunction calling upon the defendant to remove this construction from his land.