HUKAM SINGH Vs. MANGAT RAM

JUDGEMENT

(1.) The plaintiffs filed a suit for mandatory injuction, directing the defendant to demolish or remove the obstructions caused by him on a public way bearing Khasra No. 9210, on the allegation that they had constructed mangers, verandah and by placing straw stock on the same. The plaintiffs had been using the said public way for access to their fields and by the action of the defendant an obstruction has been caused in the user of the path to which the defendant has no right. Plaintiffs also prayed for the issuance of a prohibitory injunction against the defendant restraining him not to obstruct the user of the path.

(2.) The suit was contested by the defendant. The allegations that he had made construction or encroached upon the site of the path were denied and pleaded that the plaint did not disclose any cause of action.

(3.) The learned trial Judge after considering the evidence on the record decreed the suit of the plaintiffs and directed the defendant to demolish or remove the encroachment/construction over the site measuring 4 Karams X 2 Karams on the path i.e. Khasra No. 9210 as is dear from the site plan C.2. The defendant was further restrained from making any encroachment and causing obstruction on the path way.