GOPAL AND OTHERS Vs. ARUN KUMAR

JUDGEMENT

(1.) Defendants/appellants are in second appeal against the judgement and decree 21.5.2011 passed by the learned Additional District Judge, Palwal, whereby while accepting the appeal filed by the plaintiff/respondent the judgement and decree dated 31.1.2009 passed by the trial court was set aside and the suit of the plaintiff/respondent for grant of permanent injunction was decreed.

(2.) Facts necessary for the decision of the present appeal are that plaintiff/respondent filed a suit for permanent injunction alleging therein that he and his brother Bishan Singh are owners in possession of a residential house fully detailed in para 1 of the plaint, consisting of rooms, store, kitchen open chowk, chabutra, stair case and a double storeyed latrine marked by letters ABC and shown in green colour in the site plan. It was further alleged that plaintiff has been residing in the said house since the time of his forefathers and using the said latrines, stair case and chabutra as the property had been inherited by him from his father Lachhi Ram and uncle Khillau Singh. It was further stated that defendant had no right, title or interest in the suit property detailed in para 1 of the plaint. It was also alleged that house of the defendants exists towards the southern side of the house of the plaintiff and they at the instance of anti-social elements were intending and threatening to demolish the double storey latrine, stair case and chabutra as also bent upon to take illegal and forcible possession of the latrine, chabutra and stair case in dispute.

(3.) Upon notice defendants filed written statement taking preliminary objections qua locus standi, estoppel, cause of action and maintainability of the suit. On merits it was stated that the boundaries and the measurement of the suit property given in para 1 of the plaint were wrong. It was also denied that plaintiff had inherited the suit property or that defendants had no concern with the same. It was alleged that plaintiff under the garb of present suit intended to make illegal and unauthorised encroachment on the property of the defendants.