GURDIAL SINGH Vs. HARI SINGH

JUDGEMENT

(1.) IT is a suit for mandatory injunction filed by Hari Singh and Mukhtiar Singh, plaintiffs (respondents herein) against Gurdial Singh, defendant (petitioner herein) directing the latter to remove the construction raised in public street bearing Khewat No. 671, Khatoni No. 1659, comprised in Khasra No. 1512 measuring 0 Kanal 9 marlas. It is alleged in the plaint that this street is 3 karms in width and 28 karms in length, which has been in use by the plaintiffs and the general public since times immemorial. It is a public street and thoroughfare. Plaintiffs are entitled to use every inch of this street for passing through this street. They are entitled to have all sort of encroachments removed so far as this street is concerned. House of the defendant-petitioner adjoins the street. Defendant raised construction and encroached upon some portion of this street, which he had no right to do, it being a public street meant to be used by every one without any obstruction.

(2.) DEFENDANT contested the suit.

(3.) CIVIL Judge (Jr. Division), Faridkot decreed the suit for mandatory injunction directing the defendant to remove the construction which he has raised obstructing this street and to restore it to its original condition in which it was when he had not encroached upon it.