MITTA RAM Vs. SANT RAM

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional District Judge, Sangrur, dated 1.3.1974, vide which he set aside the judgment and decree of Sub-Judge II Class, Malerkotla, dated 18.12.1972, dismissing the suit of the plaintiff for permanent injunction.

(2.) Sant Ram plaintiff-respondent and Mitta Singh defendant-appealant are residents of village Haider Nagar, Tahsil Malerkotla. Sant Ram filed a suit against Mitta Singh for restraining him to encroach upon portions ABCD, shown in the plan attached to the plaint, which is a part of the public street, for the use of which he has a right. Mitta Singh has also constructed a platform and a bath-room shown as GHIJ in the same plan on a part of the same street. A prayer was made in the same suit for the removal of this encroachment from the public street.

(3.) The appellant in his written statement denied these portions to be parts of the public street and averred that portion GHIJ was in his possession for the past 50 years on which platform was constructed about 18 years back. He set up a plea that these places have been purchased by him from Antu son of Biru and others. It was also pleaded that the Gram Panchayat on application made before the Panchayat, after recording evidence had dismissed the application which was later on remanded by the Judicial Magistrate 1st Class, Malerkotla on 16.10.1968, for further enquiry after setting aside the order. It was urged that the plaintiff has no cause of action to file a suit and that the civil Court has no jurisdiction. The parties went to trial on the following issues :-