Uttarakhand High Court
Smt Shanti Devi & Others vs Dr Rahul Khanna & Another on 6 July, 2015
Author: U.C.Dhyani
Bench: U.C.Dhyani
SA No. 54 of 2015 Hon'ble U.C.Dhyani, J.
Mr. Siddharth Singh, Advocate, present for the appellants.
Mr. I.P.Kohli, Advocate, present for the respondent.
Present Second Appeal has been preferred by the appellants being aggrieved against the judgment and decree dated 28.02.2015, passed by 8th Additional District Judge, Dehradun, in Civil Appeal No. 72 of 2010, captioned as Dr. Rahul Khanna vs. Sukhram and others, whereby the learned lower appellate court had allowed the appeal and decreed the suit of the plaintiff for eviction of defendant and injunction against the defendant along with payment of mesne profit.
Heard learned counsel for the parties at length.
There are non-concurrent findings of the Courts below.
Admit the Second Appeal on the following substantial question of Law:
"Whether long peaceful, uninterrupted possession in knowledge of true owner can be referred to as permissive possession when the occupier had raised constructions of permanent nature in knowledge of true owner?"
Summon the lower court record. List after two months.
It is provided, as an interim measure, that effect and operation of the impugned order dated 28.02.2015 shall remain stayed for a period of three months.
(U.C.Dhyani, J.) 06.07.2015 Kaushal