RAJINDER YADAV AND ANR Vs. JAGMAL AND ORS

JUDGEMENT

(1.) Plaintiffs have filed the instant revision petition under Article 227 of the Constitution of India impugning judgment dated 03.08.2010 passed by learned Additional District Judge, Gurgaon thereby allowing appeal preferred by defendant-respondent No. 1-Jagmal against order dated 23.05.2009 passed by learned Additional Civil Judge (Senior Division), Gurgaon.

(2.) Plaintiffs have filed suit alleging that they are owners in possession of a double storeyed building. The dispute is regarding 20 feet vide rasta (passage) on northern side of the plaintiffs' building. The plaintiffs alleged that defendants intended to encroach upon the said passage. Accordingly, the plaintiffs sought permanent injunction restraining the defendants from encroaching upon the disputed passage. Temporary injunction to the same effect during pendency of the suit was claimed by the plaintiffs by moving separate application for the purpose.

(3.) The defendants admitted the existence of the disputed passage, but pleaded that the plaintiffs themselves have encroached upon the said passage. Plot of defendants and houses of other persons abut on the said passage. Portion of the passage under house of the plaintiffs has been depicted in the site plan produced by the defendants. On the other hand, disputed site shown by the plaintiffs in their plaint is part of the defendants' plot and is not part of passage.