SINGARA SINGH Vs. MAHENDRA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 12.11.2013 passed by the Additional Civil Judge (Jr.Div.), Hanumangarh and judgment and decree dated 05.02.2015 passed by the Additional District Judge No.1, Hanumangarh, whereby the suit filed by respondent Kashmir Kaur has been decreed for permanent injunction and possession and the appeal filed by the appellant has been rejected, respectively.

(2.) The suit was filed by the plaintiff with the averments that a patta dated 25.06.1986 was issued to her, based on which, she was in possession of the plot in question. It was alleged that the plaintiff had gone out for attending a marriage for 2-3 days, when defendant alongwith his sons Harpal Singh and Gurdev trespassed over the plot and after digging soak pit, constructed toilet and boundary around the same. When they were prevented from raising construction, the same led to altercation, the information was given to the police station. It was claimed that the plot was owned by the plaintiff, was of her possession and as such, she was entitled to permanent injunction and possession.

(3.) The averments made in the plaint were contested by the defendant. It was alleged that the patta dated 25.06.1986 was fraudulent and concocted. The plaintiff was not in possession of the plot and the same was owned by the defendant, whereon he has constructed the soak pit. It was claimed that the market value of the plot was Rs.2 lakh and as such, suit has been wrongly valued. It was prayed that the suit be dismissed.