LAWS(P&H)-2015-12-462

GURCHARAN SINGH Vs. GUDDI AND OTHERS

Decided On December 10, 2015
GURCHARAN SINGH Appellant
V/S
Guddi And Others Respondents

JUDGEMENT

(1.) Cm No.3977-C of 2014

(2.) Plaintiff filed suit for mandatory injunction directing the defendants to remove the wall illegally constructed by encroaching upon the area and reducing the width of the deori from 6 feet to 3 feet owned by the plaintiff. Plaintiff alleged that defendants are owners in possession of House No.1240/27, Gali Kambowali, Jalianwala Bagh, Amritsar which is adjacent to the house of the plaintiff. Plaintiff is in possession of house bearing No.1240/27, measuring 18 yeards x 4 yards owned by Annu. Defendants have encroached upon area of the house of plaintiff, thereby creating inconvenience to the plaintiff and members of his family. Even the notices issued to the defendants went in vain.

(3.) Defendants have contested the claim of the plaintiff by taking all the pleas. The wall in question is stated to be old and claimed that defendants are not in possession of any area belonging to the plaintiff, nor they have encroached the area of House No.1241/27. Defendants No.6, 8, 9 and 10 did not contest the suit and were proceeded against ex parte.