PREM KANWAR Vs. CHAND SINGH

JUDGEMENT

(1.) This is the first appeal by the defendant against the judgment and decree dated 3-11-2003 whereby plaintiffs suit for possession and permanent injunction was decreed by Learned District Judge (Fast Track) No. 4, Jaipur City, Jaipur.

(2.) The plaintiff-respondent filed a suit for possession, permanent injunction and damages on 13-9-1990 with the averments that both the plaintiff and the defendant (brother and sister) are residing in house No. 2305 at Jaipur. The plaintiff and the defendant are respectively in possession of the portions shown with yellow colour and brown colour in the map annexed to the plaint (Exhibit-1), that the disputed room of 15' x 10' in south east corner is in the ownership of the plaintiff. The plaintiff allowed the defendant to use this room as and when required. Thereafter the defendant demolished some portion of eastern wall of this room. Hence, the plaintiff filed a suit for permanent injunction with an application for temporary injunction in June, 1990 and in reply to that application the defendant claimed herself to be the owner of this room along with some other portion belonging to the plaintiff. Since the defendant declined to vacate the disputed room hence, the present suit.

(3.) The defendant vide written statement denied the allegations made in the plaint. She pleaded that the room in question along with adjoining open room with roof of the ground floor marked with yellow colour in the map belongs to the defendant and she is in possession as owner.