OM PARKASH Vs. CHAMEL SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the defendant- appellant Om Parkash, against the judgment and decree dated 29.10.2002, passed by Addl. Distt. Judge, vide which the appeal filed by the plaintiff was allowed, the judgment and decree dated 11.3.2002, passed by the trial Court were set aside and the suit of the plaintiff for mandatory injunction was decreed and the defendant was directed to remove the chhajja, doors and windows etc., of his house.

(2.) THE facts in brief are that Chamel Singh, plaintiff had filed a suit for mandatory injunction directing the respondent to remove the chhajja as well as two doors, two windows and two parnalas, which were constructed by him after the filing of the previous suit. The said suit was contested by the defendant. Various issues were framed. After hearing both sides, learned trial Court dismissed the suit of the plaintiff holding that the plaintiff was not entitled to the decree for mandatory injunction. However, the appeal filed by the plaintiff was allowed, judgment and decree of the trial Court were set aside and the suit of the plaintiff for mandatory injunction was decreed and the defendant was directed to remove the chhajja, doors and windows etc. of his house, so raised or opening towards the property of the plaintiff, vide judgment and decree dated 29.10.2002. Aggrieved against the same, Om Parkash defendant filed the present appeal in this Court.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.