- (1.) The Plaintiff-Appellant, a widow of age and a "little Indian", instituted a suit for permanent injunction in respect of one room portion of house No. 6/1011 situate in Mohalla Nai Basti, Saharanpur on the basis of her long possession. The suit was decreed by the court of first instance finding her to be in actual possession for the last over 40 years but in appeal preferred by the Defendants, though her possession was accepted the decree was reversed and the suit was dismissed as her possession was held to be that of trespasser.
(2.) Accordingly, she preferred this second appeal which was admitted on 28.2.89 on the following substantial question of law: Whether the Plaintiff-Appellant being in settled possession of the house in question, any decree for injunction could be passed in her favour and the appellate court erred in law in dismissing the suit?;
(3.) At the time of admission the Plaintiff-Appellant was granted interim injunction in the following words "meanwhile Plaintiff-Appellant shall not be dispossessed from the property in dispute.";