HARJIT SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) This regular second appeal by defendant/appellants is directed against the judgment and decree dated 21.04.2009 passed by the learned Courts below vide which the appellants have been directed to demolish the wall constructed in khasra No. 23/2/1 (1 kanal 19 marlas), which is under the ownership of the respondent/plaintiffs. The plaintiffs brought a suit for mandatory and prohibitory injunction, seeking demolition of wall ABCD constructed by the defendant/appellants in khasra No. 23/2/1, and for restraining them from raising further construction.

(2.) The defendants did not dispute the facts that the plaintiffs were the owners of khasra No. 23/2/1 measuring 1 kanal 19 marlas, but the case set up by the defendant/appellants was, that the wall is constructed in khasra No. 23/1 (19 marlas) belonging to the defendant/appellants. The suit filed by the plaintiffs, therefore, deserved to be dismissed.

(3.) In support of the case, the appellants relied upon the demarcation report, said to have been carried out in the presence of the Panchayat, the reliance was also placed on an agreement under which the defendant/appellants were allowed to raise the wall. The case of the defendant/appellants was, that in spite of the matter having been settled, the plaintiffs have filed the suit seeking mandatory injunction, to which they were not entitled to, specially as the wall ABCD was constructed in the area falling in the ownership of the defendant/appellants. The learned trial Court appointed Local Commissioner i.e Naib Tehsildar, who carried out demarcation and reported that wall ABCD was raised in khasra No. 23/2/1 belonging to the respondent/plaintiffs.