DINESH CHAND JAIN Vs. R N PRABHAKAR

JUDGEMENT

(1.) Learned counsel for the rival parties are heard on the question of admission. Record of both the Courts below is perused.

(2.) This second appeal under section 100 of C.P.C assails concurrent findings of both the Courts below in decreeing the suit of the plaintiff/respondent herein to the extent of directing the defendant/appellant to remove the encroachment created by him by construction of projection towards the property of the plaintiff and to close the window opened towards the property of the plaintiff and permanently restraining the defendant from interfering into the plaintiff's suit property.

(3.) The suit was brought by the plaintiff / respondent herein seeking a declaration that the defendant had encroached upon the suit property of the plaintiff by constructing projection and window on the strength of foundational fact of the plaintiff being owner of the property in question. The cause arose to the plaintiff when on 16.07.2007, the defendant tried to encroach upon the suit property of the plaintiff. Thus prayer was sought in the suit for a decree against the defendant to remove the illegal projection and window made towards the plaintiff's property and to permanently restrain the defendant from encroaching upon the property of the plaintiff.