LEHRI AND ORS. Vs. ARJAN DASS AND ORS.

JUDGEMENT

(1.) The controversy in this second appeal stands engulfed by the change in law in the meantime. It has now to tread a different course.

(2.) Shorn of all details, the controversy is thus. The Plaintiff Respondents Arjan Dass and others filed a suit for declaration to the effect that the Defendant Appellants Lehri and others have encroached upon a portion of a common chowk in village Bichpari, tehsil and district Hissar They claimed that the said chowk (crossing) was shmilat used for common purposes of the village folk It was claimed that the said crossing had been encroached upon to the extent mentioned in a plan attached with the plaint by Defendants 1 to 14 in collusion with Defendant 15 and 16 (all now Appellants). The Gram Panchayat was arrayed as proforma Respondents in the suit as Defendant No. 17. The Defendants admitted the site to be a chowk but denied its character as a public place or a street or even shamilat. The Defendants also raised a plea that by the suggested encroachment, the Plaintiffs did not suffer any special damage and had no right to bring the suit. The contest gave rise to the following issues:

(3.) The trial Court held that the Plaintiffs had the locus standi to bring the suit as the obstruction caused by the Defendants would tend to put the Plaintiffs to suffer a special damage. Under issues Nos. 2 and 3, it was held that the site in dispute was a part of the chowk and hence a public street or public place. As a result, the Plaintiffs suit met with success. Challenge to the judgment and decree of the trial Court before the lower appellate Court at the instance of the contesting Defendants met with failure on July 20, 1968. The contesting Defendants are now in appeal before this Court.