SANTOKH RAJ Vs. SANTOKH RAJ

JUDGEMENT

(1.) This appeal is filed by the defendant against judgment and decree of the Courts below by which suit filed by the plaintiffs for mandatory injunction has been decreed.

(2.) The plaintiffs' case is that they had purchased 15 marlas of land from western side out of plot No.45/8 (6-4) for a sum of 2,000 from Munshi Ram son of Gura Ditta, resident of village Barriar and from the same person, the defendant had purchased 5 Marlas of land on eastern side out of plot No.45/8(6-4) for 1,000 on the same day i.e. 02.12.1975. Both the parties had constructed their respective houses, but the defendant constructed a room over the Gali marked as ABCD by which the passage of the plaintiffs has been blocked. In reply, the defendant has admitted that he had purchased his plot from Munshi Ram on 02.12.1975, but the alleged encroachment of the Gali shown as ABCD was denied. On the pleadings, issues were framed. The plaintiffs examined Bishan Dass as PW1, plaintiff No.1 himself appeared as PW2, Janak Singh Dhanjal as PW3, Joginder Pal as PW4 and Gurdip Singh as PW5, whereas defendant examined Jagir Singh as DW1, himself as DW2 and Kabaljit Singh as DW3. The plaintiffs did not lead any evidence in rebuttal.

(3.) The learned Trial Court, after taking into account the oral as well as the documentary evidence, decreed the suit and issued a decree for mandatory injunction directing the defendant to remove construction raised on points ABCD within two months from the date of the decree. Aggrieved against the Trial Court judgment, the defendant filed first appeal which was also dismissed on 12.01.2010 by the learned First Appellate Court with the following observations: -