KANTA DHIR Vs. MEERA SEHGAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 9.5.2001, passed by the learned Additional District Judge, Solan in Civil Appeal No. 11 -S/13 of 1998.

(2.) BRIEF facts necessaryfor the adjudication of this Regular Second Appeal are that the respondent -plaintiff (hereinafter referred to as ˜the plaintiff for convenience sake) filed a suit for perpetual injunction, stating therein that she is owner in possession of land (hereinafter referred to as ˜the suit land for convenience sake) comprised in Khata/ Khatauni No. 86/132, Khasra No. 163 measuring 42 Square meters, situated in Mauja Kather Solan, Tehsil and District Solan, H.P. as per Jamabandi for the years 1986 -1987 and adjoining the suit land is the land of appellants -defendants (hereinafter referred to as ˜the defendants for convenience sake) bearing Khasra No. 162 which has been leased to them by the Municipal Committee, Solan over which the defendants have constructed a two storeyed structure. It has been further pleaded that the defendants have encroached upon a portion of the suit land. The suit was contested by the defendants. Their stand is that the land was leased out in their favour to the extent of 75 Square meters by the Municipal Committee, Solan and the construction has been raised on the leased land. The trial Court dismissed the suit on 27.2.1998. The plaintiff preferred an appeal before learned Additional District Judge, Solan. He allowed the same on 9.5.2001. The Regular Second Appeal has been preferred against the judgment and decree dated 9.5.2001. The Regular Second Appeal has been admitted on the following substantial questions of law:

(3.) MR . Ajay Kumar, Advocate has supported the judgment and decree passed by the first appellate Court. I have heard the learned counsel for the parties and have gone through the record carefully. Since all the substantial questions of law are interconnected, the same have been taken up together for discussion to avoid repetition of evidence.