MUNICIPAL COMMITTEE, REWARI Vs. MATA DIN

JUDGEMENT

(1.) THE defendant/appellant has impugned the judgment dated 4.4.1987 passed by the first Appellate Court/District Judge, Narnaul by way of filing present second appeal under Section 100 C.P.C.

(2.) THE brief facts of the present case are that plaintiffs/respondents filed suit for permanent prohibitory injunction to the effect that defendants be restrained from raising any construction over the suit property fully described in the plaint. Allegations made in the plaint inter-alia are plaintiffs are the owners in possession of the property in dispute; Property in dispute is the ancestral property in the hands of plaintiff No.1; Both the plaintiffs raised construction in part of the property and vacant piece of land (Sahan)/disputed property is under the joint ownership and possession of the plaintiffs; Plaintiff No.1 has one door, five water out-lets, four windows and chhappar since 1948; plaintiff No.2 has constructed five holes and one door ever since 1960, facing towards the said Sahan/property in dispute; Municipality is threatening to raise construction thereon without any authority; Hence the suit.

(3.) LEARNED trial Court has framed following issues:-