AJAY AGGARWAL Vs. ARUN KUMAR

JUDGEMENT

(1.) Plaintiff is the appellant, who after having lost in both the learned Courts below, has filed the instant appeal.

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

(3.) Plaintiff filed a suit for recovery of Rs.24,000.00 and in addition thereto sought decree for mandatory injunction directing the defendant to remove the unauthorized/illegal structure/framework and to remove the structure used for closing the portion of the verandah of the building known as "Bhagwan Niwas", Cart Road, Shimla. It was averred that Smt. Gita was owner in possession of the suit land constructed over Khasra No.594, Bazar Ward, Shimla, which was purchased by her from MST 'Deva Trust, Jagadhari, Haryana, from whom the plaintiff had purchased one flat along with attic in the first floor vide sale deed dtd. 10/11/1998. The defendant on 26/12/1998 purchased flat from Usha Sood, who, in turn had purchased the same from Gita on 22/10/1997.