RANDHIR SINGH Vs. SHIV SHANKAR

JUDGEMENT

(1.) Defendant/appellants are in regular second appeal against concurrent finding of fact arrived at by the learned Courts below decreeing the suit for permanent injunction and mandatory injunction.

(2.) The dispute in the present lis is with respect to a passage. The plaintiff has constructed a house and pleaded that adjoining to his house, there is a passage, which is partly brick paved street upto his house and thereafter, kacha street towards southern side which reaches to Baghora- Ghanaur from the road. During the pendency of the suit, some portion was encroached upon by constructing a brick wall. Accordingly, prayer clause of the plaint was permitted to be amended and relief of mandatory injunction was added. Defendants admitted ownership of the plaintiff with regard to house depicted by words "ADIJ" in the layout plan. However, disputed ownership of the plaintiff with regard to property is covered by "ABCD".

(3.) Both the learned Courts below, on appreciation of evidence, has 1 of 3 found that the plaintiff has successfully proved that the disputed site is a passage and the defendants have wrongly constructed a wall thereon in order to block public passage.