GANPAT Vs. KHIALI

JUDGEMENT

(1.) This Regular Second Appeal has been filed by the defendants against the judgment and decree passed by the learned Additional District Judge vide which the judgment and decree passed by the trial Court was reversed and the suit of the plaintiff (respondent herein) for permanent injunction, was decreed with costs.

(2.) In the instant case, the plaintiff filed a suit for permanent injunction against the defendants restraining them from demolishing the wall of his Deori situated on the northern and western side of his house, which has been shown as XT in the site- plan annexed with the plaint. The claim of the plaintiff was that the site on which the aforesaid wall was constructed belongs to him and the defendants have no right or cause of action to demolish the said wall. Since the defendants were adamant in demolishing the wall in question, hence the instant suit was filed.

(3.) The defendants contested the aforesaid suit on the ground that the plaintiff had made encroachment on the land of the common passage and constructed a wall in question on the said passage in an illegal manner without having any right. Therefore, the wall in question was liable to be demolished.