KISHORI LAL Vs. MADAN GOPAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellants were the defendants in the two suits filed by the Madan Gopal, who is no more and is now represented by his legal representatives who are respondents herein. The first suit was filed to restrain the first defendant (appellant herein) from making any construction on the spot marked CB in the sketch annexed to the plaint or in any other part of the land and also to restore the original position of the land at point CB and to restore the entry gate to the suit property. The second suit was filed seeking permanent injunction restraining the defendants from changing the nature of the suit land or raising any construction or transferring the same to the detriment of the plaintiff. The plaintiff also prayed for a permanent injunction restraining defendants Nos.l and 5 from installing and working the sawing machine at point A as shown in the sketch plan.

(3.) The original plaintiffs father and defendants fathers were brothers being the sons of one Kanshi Ram. The plaintiffs claimed that Khasra Nos. 119 and 120 were Abadideh inam land belonging to the said common ancestor and the defendants have no exclusive rights over the said land. In other words, the plaintiff claimed to be co-owner along with the defendants 1 to 4. The plaintiff further claimed that there was an entrance and passage at point CB (shown in the plan attached to plaint) leading to K.No.119 and it has been annexed by the defendant No.1 who was proposing to raise shops thereon. The 5th defendant is a tenant of defendant No.1 and he had installed a saw machine on the portion of the land let out to him by 1st defendant.