NAGINA SINGH Vs. JANGIR SINGH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the Additional District Judge, Patiala, dated 21st August, 1974.

(2.) Brief facts of the case are that Jangir Singh plaintiff-respondent had filed a suit for permanent injunction against Nagina Singh defendant-appellant restraining him for removing the wall constructed by him within his own land and from interfering with his open space or construction thereon in any manner. Jangir Singh had purchased a plot measuring 1118 square feet in open auction held on 27th January, 1965, for a sum of Rs. 1,600/-. It is alleged in the plaint that Jangir Singh had constructed a wall on the purchased plot without encroaching upon any part of the land of Nagina Singh defendant-appellant or passage leading to his house. It may be mentioned here that earlier to the present suit, Nagina Singh had also filed a suit for mandatory injunction in the Court of Sub-Judge, Rajpura, restraining Jangir Singh plaintiff-respondent from raising any construction in the street and to demolish the wall which he had constructed. The parties agreed in that suit that the matter may be referred to the sole arbitration of Shri Siri Bhan, Tehsildar, Rajpura. The Tehsildar gave the award on 10th February, 1966, which is in the following terms :-

(3.) Aggrieved by that judgment and decree, Jangir Singh filed an appeal which was dismissed by the Additional District Judge, Patiala, on 1st August, 1969. Jangir Singh filed revision petition No. 982 of 1969 in the High Court against the judgment of the learned Additional District Judge. When the matter came up for final hearing before the High Court on 25.1.1971, the parties' counsel made statements and consequently, the decree of the learned Subordinate Judge, dated 29th November, 1967, was modified so as to read as under :-