LAKHBIR SINGH Vs. MEWA SINGH AND ORS.

JUDGEMENT

(1.) The unsuccessful plaintiff Shri Lakhbir Singh has filed the present regular second appeal which has been directed against, the judgment and decree dated 8th June, 1999 passed by the Additional District Judge, Rup -nagar who affirmed the judgment and decree dated 27th August, 1996 passed by the trial Court which dismissed the suit of the plaintiff for permanent injunction.

(2.) Some facts can be noticed in the following manner: The plaintiff filed a suit for mandatory injunction directing the respondents to demolish the disputed wall shown in letters CD in the site plan attached with plaint. The case set up by the plaintiff in the trial Court was that he and the respondents, both residents of village Haveli Kalan, entered into an agreement on 21.3.1990, wherein the respondent admitted the existence of the street and also allowed the plaintiff the right to use the same as passage. They also permitted the plaintiff to open apertures in that street. This agreement was executed by them on receipt of Rs. 2000/ - from the plaintiff in the presence of the witnesses. It is also alleged by the plaintiff that he is entitled to use the street as the same has been made pucca by the Municipal Committee. It was further alleged by the plaintiff that the respondents have illegally raised disputed wall in the street about six months back with a view to prevent the plaintiff from using the same for passage and the apertures. Hence the suit.

(3.) The suit was contested by the defendants. They denied the existence of any street in between their house and of the plaintiff. They also denied the execution of any agree - ment dated 21.3.1990 in favour of the plaintiff/appellant on receipt of Rs. 2000/ - and maintained that the alleged agreement is forged one. They further maintained that they were owners of Khasra No. 20/5/1 and they have constructed their house in that Khasra number and that the plaintiff has no locus standi to file the suit.