JASMER SINGH Vs. VED PARKASH

JUDGEMENT

(1.) Defendants have filed this second appeal, having lost in both the courts below.

(2.) Suit was filed by respondent-plaintiff Ved Parkash against defendants-appellants. The dispute relates to the site situated towards North of bara of the plaintiff and other co-sharers. The plaintiff has alleged that the said site is a thoroughfare/common chowk running from East to West. Defendants have no right, title or interest to block the said passage, which is front side of bara of plaintiff and other co-sharers comprised of Rect. No. 358 measuring 01 kanal 01 marla. Plaintiff accordingly sought permanent injunction restraining the defendants from blocking the said passage and causing obstruction in access of the plaintiff from northern side of his bara by raising construction on the disputed site. Mandatory injunction directing the defendants to remove their dung cakes and mangers etc. from the said site was also claimed.

(3.) Defendants denied the plaint averments. It was denied that dispute site is thoroughfare or chowk. It was pleaded that the disputed site is bara of defendants and thereafter there is brick paved street on the northern side of the disputed site. The defendants are owners in possession of the disputed site. Various other pleas were also raised.