SURAJMUKHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by plaintiff is directed against the judgment and decree dated 17/05/2010 in Civil Appeal No. 1A/2010 confirming the judgment and decree dated 02/02/2010 in Civil Suit No. 31A/2009. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) PLAINTIFF filed a suit for the aforesaid relief inter alia contending that plaintiff is in occupation of a shop (Gumti) situated in Patwari Halka No. 53 falling in part of survey No. 758, village Jaderua Kala as a tenant. It is further submitted that in the surrounding area of the shop there is a hut (Jhopadi) with room and tin -shed etc. where she lives and there is also a temple of Bhairoji (hereinafter referred to as suit property). She submitted that she has raised aforesaid construction viz. shop etc. with the permission of defendants. It is submitted that earlier her father -in -law, namely, Gangaram remained in possession of the suit property marked as 'A' and 'B' in the map annexed with the plaint and after his death, she is in continuous possession of the suit property and because of continuity of possession for the last 38 years after the death of her father -in -law, she has acquired title by adverse possession. As defendant no. 2 is trying to obstruct the right of way and defendant no. 3 is raising boundary wall overlapping the marked suit property whereas they have no concern with the same, plaintiff had brought a suit for declaration and permanent injunction restraining defendants from obstructing the right of way and from raising boundary wall overlapping the marked suit property.

(3.) DEFENDANT No. 3 also filed written statement denying plaint allegations and submitted that plaintiff is not in possession of the suit property. As regards area marked as 'C', it is submitted that there is no right of way of plaintiff on the aforesaid area. It is a government land. With the aforesaid pleadings, defendant no. 3 prayed for dismissed of the suit.