MOHD SHAFI Vs. MISRA BEGUM (MST )

JUDGEMENT

(1.) THIS LPA is directed against the Appellate judgment and decree passed by the learned Single Judge on 2 -2 -94 in CIA No. 21/92, affirming the judgment and decree date: 18 -4 -1992, passed by the Trial Court in a suit for possession filed by the respondent.

(2.) THE respondent filed a suit in forma pauperis for recovery of possession of house consisting of two rooms "more precisely described in the proposed sanctioned plan by the Municipality" and the land appurtenant thereto located in plot No.3 of Sector 2 at Gujjar Nagar, Jammu measuring 25â„¢ x 50â„¢ and for issuance of a permanent prohibitory injunction restraining the defendant (appellant herein) from raising any construction on the vacant land/carrying further on with any construction.....

(3.) THE case of the plaintiff (respondent) before the Trial Court was that she was allotted plot No.3 in Sector II, Gujjar Nagar vide order No.323 -UD of 1987 date. 27 -6 -78 of which she took over possession vide letter date. 9 -8 -79 of Executive Engineer, JDA and after obtaining the requisite building permission, constructed a house consisting of two rooms on it for which she has spent Rs.62,000/ - approximately. She alleged that the defendant had played a fraud with her and had got an adoption deed date, 23 -7 -80, a will deed dated, 12 -2 -80 and General Power of Attorney dated, 15 -4 -80 executed to grab the property. She had later executed a cancellation deed dated. 15 -1 -91 to cancel these documents which had provoked defendant to threaten and harass her and to throw her out of the house. She further alleged that the defendant had started laying foundation for construction of a structure in the plot dose to the plaintiffâ„¢s house leaving l/3rd of the area of the plot appurtenant thereto.