AMAR NATH Vs. CHINTA DEVI

JUDGEMENT

(1.) The defendant is the appellant, who after having lost before both the learned Courts below, has filed this regular second appeal.

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

(3.) The plaintiff filed a suit for possession and mandatory injunction on the ground that the suit land comprising Khata-Khatauni No. 123/127, Khasra No. 1086/588, measuring 2 biswas and Khasra No.1088/589, measuring 4 biswas, situated in Mauza Banikhet Jarie, Pargana Chuhan, Tehsil Dalhousie, District Chamba, H.P. was purchased by the plaintiff from Smt. Reeta Devi vide sale deed dated 28.06.1999 and mutation to this effect was attested on 12.07.1999. Reeta Devi, in turn, had purchased the suit land from the defendant and this land at the relevant time was assigned Khasra Nos. 588/1 and 589/1. The defendant in absence of the plaintiff had encroached upon 2 biswas of the suit land, more particularly, in Khasra No.1086/588 by constructing a shed. The demarcation of the suit land was firstly carried out by the Field Kanungo, Banikhet, wherein such encroachment was duly proved and thereafter Naib Tehsildar, Dalhousie too pin-pointed the extent of encroachment. Despite requests which were followed by a notice, the defendant did not deliver back the possession, hence the suit.