BALBIR SINGH Vs. SIBU RAM

JUDGEMENT

(1.) SINCE the property in dispute is same and the parties are almost same, this judgment shall dispose of both the above mentioned regular second appeals which arise from two different suits No.282/2000 filed by Smt. Bhollan wife of Amar Chand and others against Jit Ramdefendant, father of the appellants and civil suit No.264/2000 filed by Jit Ram, father of the appellants against Amar Chand and others. Regular second appeal No.954 of 2011 arising from Civil Suit No.282 of 2000 is directed against the judgment and decree dated 26.10.2010 passed by learned Additional District Judge, Shaheed Bhagat Singh Nagar whereby appeal preferred by respondents -plaintiffs has been allowed, judgment and decree dated 26.04.2008 passed by learned Additional Civil Judge (SD) Nawanshahr has been set aside and suit filed by the respondents -plaintiffs for mandatory injunction has been decreed.

(2.) REGULAR second appeal No.981 of 2011 arising from Civil Suit No.264 of 2000 is directed against the judgment and decree dated 26.10.2010 passed by learned Additional District Judge, Shaheed Bhagat Singh Nagar whereby appeal preferred by the respondents has been allowed, judgment and decree dated 26.04.2008 passed by learned Additional Civil Judge (SD) Nawanshahr has been set aside and suit filed by plaintiff -Jit Singh, father of the appellants has been dismissed. For convenience sake, hereinafter reference to parties is being made as per their status in the suit.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, brief facts as emerge from civil suit no.282/2000 are to the effect that plaintiffs filed a suit against defendant -Jit Singh alias Ajit Singh for mandatory injunction directing him to remove the iron gate illegally installed at point -X in the street shown in red colour in the site plan attached with the plaint and to restore the street in its original position by removing the wall 'AB' shown in the site plan situated in village Rai Pur Dabba, Tehsil and District Nawanshahr, fully detailed and described in the head -note of plaint. It was pleaded that plaintiff no.1 -Smt. Bhollan is owner of the house shown in blue colour in the site plan which she inherited from her son Yashpal, who died as unmarried and plaintiffs no.1 and 2 i.e. Smt. Bhollan and Madan Lal are owners of the house shown in blue colour in the site plan and plaintiff no.3 -Sibu Ram is owner of the house constructed on plot, which he purchased from Gurcharan Singh. A street measuring 12.6 feet in width goes to the house of the plaintiffs, which is shown in red colour in the site plan. Defendant -Jit Ram alias Ajit Singh in the absence of plaintiffs and during night time encroached upon the part of the street measuring 6' 4" and installed iron gate without any right. As such, he has encroached upon common street of the plaintiffs and street became narrow at point - X. Therefore, defendant is under legal duty to remove the illegally installed gate and to restore the street to its original position, but defendant did not admit the case of the plaintiffs, which necessitated them to file the present suit.