GIANI RAM Vs. AMAR SINGH

JUDGEMENT

(1.) Giani Ram-appellant constructed his house on a plot measuring 1 Kanal 1 Marla situated in Khasra No. 1522, Khewat No. 738 Khatouni No. 977 situated in village Shankarpura Majra, Uklana. He had left a 10 ft. wide area on the eastern side of his house. The respondents were interfering in the peaceful possession of the plaintiff-appellant over his house for which he filed a suit for permanent injunction against the respondents seeking to restrain them from interfering in his peaceful possession.

(2.) The respondents alleged that 10 ft. wide area on the eastern side of the house of Giani Ram plaintiff-appellant was a public street and a thoroughfare. It was not owned by Giani Ram. Nor it was a part of his house. It was alleged that Giani Ram is encroaching upon the public street. Hence, dismissal of the suit was prayed. Issues were framed. The parties led the evidence. The learned trial Court held that 10 feet wide area was a public street and Giani Ram- plaintiff-appellant was encroaching upon the street and dismissed the suit vide judgment and decree dated 11.12.2002.

(3.) The appellant filed an appeal in the learned Lower Appellate Court. The learned Lower Appellate Court upheld the finding of fact recorded by the learned trial Court and dismissed the appeal vide judgment and decree dated 25.8.2006. Hence, the present appeal.