SHANTI DEVI Vs. KANWAR LAL

JUDGEMENT

(1.) PLAINTIFFS instituted a suit claiming the relief of permanent injunction to restrain the defendants from encroaching upon any part of the passage in question. A further relief for mandatory injunction was also prayed for to direct the defendants to remove the encroachment already made over such passage. It was pleaded that Puran, predecessor-in-interest of defendants No. 1 to 4, had carved out a Colony as reflected in the site plan, Exhibit P1, and he along with one Janak Raj Chopra had sold plot Nos.70-A to 82-A in the said Colony. On the back side of such plots, a 10' wide passage had been left and such fact was duly mentioned in all the sale- deeds got executed by Puran and Janak Raj Chopra. The defendants were wanting to encroach upon the 10' wide passage as reflected in letters 'ABCD' in the site plan, Exhibit P1, and accordingly, the suit had been filed.

(2.) THE defendants contested the suit in terms of taking a stand that the plots of the plaintiffs were situated upon land comprised in khasra No.1094 whereas the alleged encroachment/construction had been made by the defendants over land comprised in khasra No.1093 with which the plaintiffs have no right or concern.

(3.) ACCORDINGLY, the defendant-appellants are in second appeal before this Court.