SATNAM SINGH Vs. SMT. JONDO

JUDGEMENT

(1.) This is application for impleading legal representatives of plaintiff Jamal Masih (since deceased), who died during pendency of the first appeal. It is alleged in the application that the deceased plaintiff has left behind widow, three sons and three daughters, as mentioned in paragraph 2 of the application, as his only legal heirs. The application is accompanied by affidavit. Accordingly, the application is allowed, subject to all just exceptions and persons mentioned in paragraph 2 of the application are ordered to be brought on record as legal representatives of plaintiff-Jamal Masih (since deceased), for the purpose of this appeal.

(2.) Instant second appeal has been filed by defendants Satnam Singh and his father Kapur Singh, who remained unsuccessful in both the courts below.

(3.) Suit was filed by Jamal Masih (since deceased and represented by respondents as legal representatives). The plaintiff alleged that there is a public street in Village Kalanaur, comprised of khasra No. 522/1. Defendants' house is located on southern side of the said street. Plaintiff's house is also located along the street. Defendants have encroached upon a portion of the disputed street by raising walls from points A to B and from B to C, as depicted in the site plan and thereby, encroached upon the street and they intended to raise further construction in the street. The aforesaid encroachment is causing public nuisance and is also causing hardship to the plaintiff. Accordingly, plaintiff sought mandatory injunction for removal of the encroachment already made and also permanent injunction from raising any construction over any part of the street.