TARA DEVI Vs. G RAJ SHEKHAR

JUDGEMENT

(1.) This Second Appeal arises out of O.S. No. 28 of 1976 for mandatory injunction to remove constructions raised by defendants Nos. 3 and 4 on the land in dispute and for pendentelite and future damages. The suit was dismissed with costs by IVth Civil Judge, Varanasi on 30.8.1977. The Civil Appeal No. 629 of 1977 was allowed decreeing the suit on 17.11.1978.

(2.) I have heard Shri Sankatha Rai, learned Counsel for the appellants. No one appears for the respondents.

(3.) The suit was filed with the allegations that Smt. Nauvjaddi Kunwar-defendant No. 1 purchased the land from several persons in village Karaudi Pargana Dehat Amanat District Varanasi for establishing a residential colony. She divided the land in various plots for construction of residential houses. Some portions of the land were reserved for road and park. A lay out plan was prepared in which the land reserved for park was demarcated and delineated with 'red' and 'blue' hatched lines. The park and road were meant for exclusive use of the residents of the colony named as 'Nand Nagar Colony'. The plaintiffs, most of whom, are teachers in Banaras Hindu University, purchased the plots and constructed their houses. The defendant No. 1 agreed and assured the purchasers of the plots that the land earmarked for road and park and other beneficial purposes will be jointly used by the residents of the colony and that the defendant No. 1 will not deal with them. In case of breach, the residents were entitled to enforce these rights. The plaintiff and other persons purchased the plots on this assurance and agreement.