SANTA SINGH Vs. GURDIAL SINGH AND ORS.

JUDGEMENT

(1.) The appellant -plaintiff filed suit for possession of site shown in red colour as ABCD in the site plan annexed with the plaint on the ground that the said site belonged to the plaintiff and the defendant had illegally made construction of a room on the said site. The defendant -respondent contested the suit.

(2.) The trial court held that the site in question belonged to the plaintiff and granted a decree for mandatory injunction for removal of the room constructed at ABCD. The appellate Court reversed the decree of the trial court holding as under: -

(3.) Counsel for the appellant submitted that the view of the appellant Court is perverse and it should have been held that the plaintiffs passage has been obstructed by the construction of room, which had been rightly ordered to be removed by the trial court. Counsel for the appellant referred to statements of DW -1 Gurdial Singh and DWs Harnek Singh and Kirpal Singh.