SANT RAM Vs. DHARAM CHAND

JUDGEMENT

(1.) This appeal has been preferred by Sant Ram defendant appellant only, against the judgments and decrees of Courts below, decreeing the suit of the plaintiffs for mandatory injunction ordering. the removal of the encroachment from the disputed land.

(2.) The facts as averred by the plaintiffs are that they own and possess a house described in para No. 1 of the plaint, which is being used by them for tethering the cattle, storing their cowdung cakes and for their residential purposes where they have raised the construction of Chappar etc. It is alleged that they have only one way to their house which is shown in capital letters 'A.B.C.D.' in the site plan but the defendants, who are described to be strong -headed persons, have encroached upon the same and they have raised pucca wall at point A. B. and C. D. E.; thus obstructing the thoroughfare of the plaintiff's house. In view of the encroachment, a suit for mandatory injunction was filed in the trial Court, praying for removal of the encroachment, i.e., the boundary wall. A decree for permanent injunction was also claimed, restraining the defendants from interfering in the possession of the plaintiffs.

(3.) The suit was contested by the defendants on the ground that the disputed land was purchased by Sant Ram defendant No. 1 from Parbhati etc., by way of a registered sale deed, dated 15.10.1980. The construction of wall was admitted but it was stated that the same was done in his own land. It was denied that the plaintiffs had the right of way to their house.