RAM DIA AND OTHERS Vs. MUNSHI RAM

JUDGEMENT

(1.) This is defendants second appeal against the judgment of reversal delivered by Addl. District Judge, Jind on 1.8.1980. The learned Addl. District Judge granted mandatory injunction directing defendants appellants (hereinafter to be referred to as 'the defendants') to remove the encroachments made by them in the public street adjoining the house and bara of the plaintiff-respondent (hereinafter to be referred to as the plaintiff). Further prohibitory injunction was issued to the defendants from making any encroachment on the site in dispute namely ABHG as shown in the site plan Ex.P. 1.

(2.) The plaintiff has filed a suit seeking permanent injunction against the defendants restraining them from raising any type of construction on the land belonging to public street marked as ABGI and also from blocking the public street in any way. Further relief of mandatory injunction seeking direction to the defendants to remove the construction raised by them in the public street shown as ABGI and thereby opening the street for free passage and flow of rain water etc. as shown in the site plan. The disputed site falls in the abadi area of village Morkhi, Tehsil Safidon. The learned trial Court recorded the statement of plaintiff who has appeared as PW 1. and statements of PW 2 Gian Chand, Draftsman, PW 3 Risala, PW 4 Bhula who are said to be the nephews of plaintiff Munshi Ram and Sarupa PW 5 who is said to be grandson of Munshi Ram. It also recorded the statements of DWs Ram Dia, DW 1, Baru DW 2, Lehri DW 3, Dhanna DW 4 and Sarupa DW 5. It also recorded the statement of Shri Wazir Singh, Sectional Officer, Provincial Division, Jind who was appointed as Local Commission. After considering the statements, site plan Ex.P1 and the report of the Local Commission Ex. D1, the trial Court reached the conclusion that :

(3.) After deciding these three basic issues, the suit of the plaintiff was dismissed by the learned Sub Judge on 21.9.1979.