KARNAIL KAUR Vs. GRAM PANCHAYAT OF VILLAGE JHANJERI

JUDGEMENT

(1.) THIS is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for permanent injunction restraining respondent No. 1 from paving the street through the courtyard of the plaintiffs, as detailed in the plaint, was dismissed.

(2.) AS per the case of the appellants, the disputed place is a part and parcel of the courtyard of their house whereas according to the respondents, it is a pubic street used by the villagers since the time immemorial.

(3.) THE fact that the disputed portion is being used by the villagers has been admitted even by the witness of the appellants, namely, Dharam Pal (PW -2) and Mehma Singh (PW -4). Even the Local Commissioner appointed by the Court has not supported the version of the appellants. Thus, the witnesses of the appellants have not supported them.