PREM NATH Vs. DURGIANA COMMITTEE

JUDGEMENT

(1.) Suit for mandatory injunction with consequential relief of permanent injunction regarding the property in dispute filed by plaintiffs (appellants herein) was decreed by ld. Civil Judge (Jr. Divn.), Amritsar vide judgment dtd. 23/12/1993, issuing a decree of mandatory injunction by directing defendant No.1-Durgiana Committee, Amritsar (now respondent No.1) to demolish the wall marked AB measuring 70 ft. in length and 7 ft. in height, as shown in site plan (Ex.P1). However, suit of the plaintiffs seeking decree of declaration as well as permanent injunction was dismissed.

(2.) Both the parties went in appeal. Plaintiffs filed the appeal submitting that trial Court was not justified in declining the prayer of declaration for ownership of the plaintiffs qua the property in dispute i.e. a path measuring 2 kanal leading from Khasra Nos.591 to 590. On the other hand, defendant No.1-Durgiana Committee, Amritsar filed appeal with the submissions that trial Court was not justified in granting the mandatory injunction and directing the said Durgiana Committee, Amritsar to demolish the disputed wall. Both these appeals were heard together by ld. Additional District Judge, Amritsar and vide judgment dtd. 7/5/1998, both the appeals were Dismissed.

(3.) Against the aforesaid judgments, the plaintiffs have approached this Court by way of the present Regular Second Appeal.