GYANCHAND Vs. MOHANLAL

JUDGEMENT

(1.) THE plaintiffs are aggrieved by the impugned judgment and decree of learned first appellate Court whereby it had reversed the judgment and decree passed by learned trial Court decreeing the suit of plaintiffs.

(2.) THE plaintiffs filed suit for mandatory injunction praying therein that the portion shown as A, B, C, D in the plaint map which is in the red lines, have been illegally encroached by the defendants and by dismantling the wall had raised construction on the space on which plaintiffs' wall was erected. It has been further prayed by the plaintiffs that a decree of perpetual injunction be also granted against the defendants that in future they should not raise any construction on the suit property.

(3.) ACCORDING to the plaint averments, on the eastern side of plaintiffs' house there is a house of defendants and both the houses are adjacent to each other. In the month of october, 1986 the defendants not only dismantled their own old wall but has also dismantled the wall of plaintiffs and after encroaching the area on which the plaintiffs' wall was existing, constructed the wall of their house and thereby encroached that area of plaintiffs by dismantling their wall. Hence it has been prayed that the said wall be dismantled and encroached portion on which the construction has been raised by defendants be delivered to the plaintiffs.