MIR SINGH Vs. SAJJAN SINGH

JUDGEMENT

(1.) Sajjan Singh filed suit for permanent injunction restraining Mir Singh and others from raising any construction over passage marked ABCD and thus blocking it and hindering him and the other inhabitants of the village from using it as passage and also sought mandatory injunction directing the defendants to level the portion marked as EFGH in site plan, Exhibit P-1, attached to the plaint and demolish the foundations raised between point E to F and G to H.

(2.) It was alleged in the plaint that the passage CDGH joins the passage of new abadi at points GHAB. It was further alleged that the said passage is owned by the Gram Panchayat and the plaintiff is using the said passage for ingress and outgress and defendants wanted to block the passage by raising construction and they had dug the foundations at points E to F, and G to H. The passage shown by letters EFGH was a part of passage ABCD falling towards western side of the house of plaintiff and other residents of the village.

(3.) The defendants contested the suit of the plaintiff. It was denied that there is any passage as alleged by the plaintiff. The alleged passage has been shown in khasra No. 74. Khasra No. 74 is owned by the defendants. It was denied that the alleged passage is a thoroughfare. Defendants are raising the construction on Khasra No. 74 which belongs to them. It was denied that they are encroaching any part of the passage and are raising construction thereon.