SULTAN SINGH Vs. NAND LAL

JUDGEMENT

(1.) -Suit No. 115 of 1964 was instituted by Nand Lal and and another against Sultan Singh and others in the Court of Sub-Judge, Delhi, for permanent injunction, seeking restraint of the defendants for constructing any obstruction in the village thorough fare 'EFGH' shown in red colour in the sketch plan attached with the plaint, and requiring the defendants to remove the construction, if already put in there. The plaintiffs had claimed that they were in proprietory possession of the southern side plot/gher of this thoroughfare shown as 'ABCD' and in the said plan, forming part of khasra No. 1503. The village thoroughfare which constituted khasra No. 1500, was said to be the only passage connecting the plaintiffs said plot/gher with the village abadi. The defendants were shown to have their plots and 'gitwars' on the northern side of the thoroughfare bearing khasra Nos. 1498 and 1499. The threatened construction by the defendants was thus it was stated likely to not only obstruct the only passage to their plot from village abadi, but would also result in a portion of the thoroughfare being wrongfully and illegally encroached by the defendants.

(2.) The said khasra number were of land long before the consolidation in the village which took place in about 1952. it appears that the Lal Dora of the village abadi was extended so as to include part of the 'shamlat' land also It was over a part of that "shamlat' land bearing khasra No. 1503 that the plaintiffs claimed that they were in proprietory possession. It measured 19 biswas.

(3.) The defendants denied that any thoroughfare as claimed by the plaintiffs existed at the spot, or that the same constituted as their only passage to their plot/gher. in fact, the plaintiffs' proprietory possession over the plot/ gher too was denied,