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2022 Supreme(P&H) 1756

ALKA SARIN
Shrikant – Appellant
Versus
Usha Devi – Respondent


Advocates appeared:
Mr. Naresh Kaushik, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. (Oral) - The present appeal has been preferred against the judgments and decrees passed by the Courts below decreeing the suit filed by the plaintiff-respondent for possession, permanent injunction as well as the mandatory injunction.

2. The brief facts relevant to the present lis are that the plaintiffrespondent filed the present suit for possession of portion having area measuring 15.87 sq. yds out of plot measuring 6 marlas being 6/19 share of Khasra No.42, Killa No.3/2/3 (0-19) situated at Village Bhapra, Tehsil Samalkha, District Panipat and for recovery of use and occupation of the said plot portion @ Rs.4,000/- per month from July 2012 to the date of actual physical possession of the said portion. It was averred in the plaint that the plaintiff-respondent was the owner of the suit property vide sale deed bearing Vasika No.1714 dated 12.07.2012 registered in the office of the Sub Registrar, Samalkha. After purchasing the suit plot, the plaintiff respondent got measurement of the plot done at the spot and it was found that the defendant-appellant had encroached upon a portion measuring 15.87 sq. yds. marked by letters ABCD out of the suit property. The pl

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