RANBIR SINGH Vs. HARI KISHAN

JUDGEMENT

(1.) Plaintiff was successful in obtaining a decree for permanent injunction restraining the defendants from raising construction of wall in street marked ABCD, thereby blocking ventilator marked LMN and water sprouts marked XY shown in red colour in the plan attached with the plaint, as also a decree for mandatory injunction directing the defendants to remove the construction of the said wall. Dissatisfied, the defendants carried an appeal, which was dismissed by the Additional District Judge, Jalandhar. This is defendants' second appeal.

(2.) The only contentions of Mr. NBS Gujral, Advocate, appearing for the defendant-appellants, are that even though a local commissioner was appointed in this case at the instance of the plaintiff and had submitted his report in favour of his client after visiting the spot, the learned Courts below erred in wrongly interpreting the said report. Further that no reliance could be placed upon the plan, which pertained to the year 1923 and was not authenticated by the municipal committee.

(3.) After hearing the learned counsel for the parties, I do not find any in either of the contentions raised by the learned counsel for the appellants.