DURGA PARSHAD Vs. JHEETAR MAL

JUDGEMENT

(1.) This is a defendant's appeal against an appellate decree of Additional District Judge N. L. Vijh, dated 16-8-1951 modifying the decree of the trial Court and giving a mandatory injunction against the defendant.

(2.) The plaintiff owns the house No. 3210 in Kucha Baga-ullan Khan and the defendant purchased the adjoining house which is on the north of the plaintiff's house. The defendant started raising the northern wall of the porch of this house to which objection was taxen by the plaintiff on the ground that the well was his. He, on 22-6-1946, made a report to the Police complaining about this alleged unauthorised construction. He also sent a telegrapnic notice to the defendant warning him not to build and to remove the structures that he had already built. The defendant has also stated as D. W. 9 that after the wall had been built some persons on behalf of the plaintiff came to see him in regard to the wall. The plaintiff then brought a suit on 20-7-1943 for a declaration that the wall in dispute was his and for a mandatory injunction against the defendant to remove the disputed wall of his room built on the northern wall.

(3.) On 2-8-1947 the plaintiff made an application for the temporary injunction which was granted and the next day or the day following he made an application for the appointment of a commissioner to see as to how much construction had already been made, but the Court did not agree with this. On 29-8-1947 the plaintiff asked for action being taken for disobedience of the injunction and a local commissioner was appointed on the following day, and he made a report that the walls had been built but the rafters of the roof had not yet been put.