DHARAM PAL Vs. RUKMASH

JUDGEMENT

(1.) C. M. Nos. 12805-06-C of 2010 : Allowed as prayed for. Main Appeal : Plaintiff Dharam Pal, having been non-suited by both the courts below, has come up by way of instant second appeal.

(2.) CASE of the plaintiff-appellant is that portion depicted by letters ABCD in red colour in site plan is public street, which has been brick-paved by Gram Panchayat and portion marked by letters EFGH in red colour in site plan is land of Mata Rani i.e. a religious place, but the defendants, without any right, title or interest therein, want to remove brick paving of the street and threatened to demolish the structure of Mata Rani. Street in question leads to the house of the plaintiff. The plaintiff sought permanent injunction restraining the defendants from demolishing the public street and the structure of Mata Rani from the disputed sites ABCD and EFGH.

(3.) LEARNED Additional Civil Judge (Senior Division), Kaithal, vide judgment and decree dated 21.04.2009, dismissed the plaintiff's suit. First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge, Kaithal, vide judgment and decree dated 19.07.2010. Feeling aggrieved, plaintiff has preferred the instant second appeal. I have heard learned counsel for the appellant and perused the case file.