BIMLA DEVI Vs. DAYALO DEVI AND OTHERS

JUDGEMENT

(1.) The present appeal is filed by the plaintiff; challenging the judgment and decree passed by the lower Appellate Court, whereby the judgment and decree passed by the trial Court was reversed and the suit filed by the plaintiff was ordered to be dismissed.

(2.) For convenience, the parties would be referred herein as the plaintiff and defendants; as they were described in the original suit.

(3.) The brief facts of the case, as produced in the judgment passed by the lower Appellate Court, are that the plaintiff claims to be the owner in physical possession over the area measuring 13 marlas; with the boundaries given in the plaint; being part of the land measuring 4 Kanals 2 marlas comprised in Khasra No. 38//9 situated within revenue estate of Jagadhri, District Yamuna Nagar. It was claimed in the plaint that the land measuring 4 Kanal 2 Marlas is a joint holding and the same has not been partitioned amongst co-sharers. The defendant No. 1 is also co-sharer to the extent of 20/82 share. The plaintiff had raised construction of a room and boundary wall over the suit land. The defendants wanted to forcibly dispossess the plaintiff without having recourse to law. It was further pleaded that the defendants were requested to desist from the illegal design. However, they had refused, therefore, the suit was filed.