UDAI BHAN AND ORS Vs. CHATRI AND ANR

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 15.4.2008, passed by the learned lower appellate Court, decreeing the suit filed by the Plaintiffs / Respondent for permanent injunction restraining the Defendant / Appellant herein from raising construction over the "Shamlat Chowk".

(2.) The pleaded case of the Plaintiffs was, that the Plaintiff / Respondents were inhabitants of Mohalla Gudiya, Ward No. 8, Patti Gharam Hodal, Distt. Faridabad, there existed a "Shamlat Chowk" depicted by letters ABCD, in front of the houses of the parties to the suit, and other inhabitants of Mohalla Gudiya Patti Gharam Hodal, which was bounded as under:

(3.) The case of the Plaintiffs was, that the chowk in dispute was being used as "Shamlat Chowk" by all the inhabitants of the Mohalla Gudiya Patti Gharam Hodal from the time immemorial i.e. from the time of their forefathers.