SURESH KUMAR AND ANOTHER Vs. LAXMI DEVI

JUDGEMENT

(1.) Defendants are the appellants, who aggrieved by the judgment and decree passed by the learned first appellate Court, whereby it reversed the judgment and decree passed by the learned trial Court and decreed the suit of the plaintiff, have filed the instant appeal.

(2.) The parties hereinafter shall be referred to as the 'plaintiff' and 'defendants'.

(3.) The plaintiff filed a suit for permanent injunction on the allegations that she is owner in possession of the land bearing Khata Khatauni No.10/10, Khasra Nos. 88/18, 85/31, 86/31, 84/32, total kitas-4, measuring 14 biswas, situated in Mauza Mashobra, Pargana Dharti, Tehsil Kasauli, District Solan, H.P., as per the agreement dated 22.08.1993, executed between the plaintiff and S/Sh. Babu Ram, Sant Ram, Roshan Lal, Vidya Devi, Naresh Kumar, Banwari Lal, Gianwanti, Prem Lata, Raksha Devi and Krishna Devi. It was averred that pursuant to the agreement, possession was delivered to the plaintiff at the spot and since then she is in peaceful possession thereof. The defendants despite being strangers and having no right, title or interest were interfering in her possession, hence, the suit.