SARWAN KUMAR & ORS Vs. ASHOK KUMAR

JUDGEMENT

(1.) Petitioners are plaintiffs in a suit for permanent injunction filed by them against the respondent seeking to restrain him from opening any door, window, gate or spout, etc. at points WXY towards the private passage shown in the site plan with green colour, situated in the Abadi deh of Village Pansal, Tehsil Bilaspur, District Yamuna Nagar.

(2.) It is the case of the petitioners that their houses are situated in Abadi deh and abut in the main street running from east to west, as shown in the site plan. They separated their houses and a passage was given to the respective portions of each member. So, the disputed passage is a private passage that has been shown in green colour, which was carved out of the property of the petitioners. It was alleged in the plaint that the respondent has been raising construction of his house in his own land, shown in yellow colour in the site plan, and has been threatening to make an opening at points WXY in the shape of window and gate in his wall towards the private passage of the petitioners illegally, forcibly and without due process of law. It was also averred that the respondent is having a separate passage to the main street running from east to west towards his house and, therefore, he has no right in the private passage of the petitioners.

(3.) Respondent filed a written statement averring, therein, that the passage shown in the green colour is not a private passage; rather it is a public passage. It is further averred that he had purchased the property about 20 years ago.