BHAGWANA Vs. SHER SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is against the judgment and decree of the Additional District Judge whereby the appeal filed by the defendants has been accepted thereby dismissing the suit of the plaintiff.

(2.) PLAINTIFF filed a suit for mandatory injunction against the defendants directing them to demolish the illegal construction raised by them over the site in dispute as detailed in para No. 1 of the plaint. According to the plaintiff, the site in dispute is part of the adjoining house of the plaintiff bearing No. 1059 as per record of the Notified Area Committee, Kalanaur, and the area in dispute as well as the remaining area of the area is approximately 120 sq. yards. The disputed site is being used by the plaintiff for tethering cattle which is surrounded on three sides by a wall except the western side. In fact, this forms part of the courtyard of the house. According to the plaintiff, defendants have a house on the western side of the disputed property and it is on 1.1.1982 that defendants tried to take forcible possession of the disputed site which led the plaintiff to file a suit for permanent injunction restraining them from interfering in his possession on 21.1.1982. On 23.1.1982 the Court granted ad interim injunction restraining the defendants from illegally and forcibly encroaching upon the site in dispute. Despite the stay order, the defendants raised construction on the disputed site. On account of some formal defect, the plaintiff withdrew the suit on 11.5.1984 with a prayer to file a fresh one. Hence, the present suit.

(3.) ON the pleadings of the parties, following issues were framed : -