SURAJ MAL AND ANOTHER Vs. RAJENDER AND ANOTHER

JUDGEMENT

(1.) This is plaintiffs' second appeal challenging the judgments and decrees of the Courts below whereby their suit for permanent injunction has been dismissed.

(2.) As per the averments made in the suit, the plaintiff appellants are owners in possession of one house comprised in plot No. 611, Khewat No. 346/334 min, Khatauni No. 411 min marked with letters ABCD in the site plan attached with the plaint which is situated within the abadi of Village Dulhera, Tehsil Bahadurgarh, Distt. Jhajjar and the respondents who have encroached the land of others are having their house towards the eastern side of the house of the appellants shown by letters AGFE in the site plan, have no right, title or interest in the house of the appellants, but they have threatened to open the door in wall AG towards the house of appellants illegally, for which, they have no right to do so. It is their further case that they requested the respondents many times not to do so, but they were adamant. Hence necessity arose to file the instant suit.

(3.) Upon notice, the defendant-respondents appeared and filed written statement raising various preliminary objections. On merits, the ownership of the appellants over the suit property was not denied. However, it was averred that the plaintiffs have encroached upon the rasta sar-e-aam illegally, over which they have no right, title or interest. The defendant-respondents further averred that the door in question was already in existence and was in the knowledge of the plaintiffs and the aforesaid fact has been suppressed from the Court and the allegations levelled against them were false. It was specifically stated that the site plan produced by the plaintiffs was incorrect. It was denied that they have encroached upon the land of others. Denying all other averments, defendants prayed for dismissal of the suit.