AVTAR SINGH Vs. AJIT SINGH

JUDGEMENT

(1.) APPLICATION is allowed subject to all just exceptions and the delay, if any, in making up the deficiency in court fee is condoned.

(2.) THIS is defendant's second appeal challenging the judgments and decrees of the Courts below whereby suit of the plaintiff -respondent for mandatory and permanent injunction has been decreed.

(3.) AS per the plaintiff -respondent, he owned and possessed the disputed house wherein he was residing along with his family. The appellant along with his family was residing in the adjoining house on the northern side situated in Khasra No.226 purchased by him vide registered sale deed dated 25.10.2009. House of the defendant in Khasra No.226 situates on the northern side of the village street situated in Khasra No.227; whereas house of the plaintiff, shown in green colour in the site plan, abuts the said street on eastern side. The aforesaid street is used by the plaintiff and other inhabitants of the village and vests in the Gram Panchayat of village Mangewal, Tehsil Payal and is depicted in Jamabandi for the year 1998 -99 and is under its management and control and was brick paved by it. The disputed passage is 70 feet long and 9 feet wide. This passage is also depicted in plan Table survey of village Mangewal, Doraha as prepared by the Executive Engineer, Panchayati Raj, PWD (C&M) Division, Ludhiana.