SATISH KUMAR Vs. BALDEV RAJ

JUDGEMENT

(1.) The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit filed by the plaintiffs has been decreed and the defendant-appellants have been restrained from raising unauthorised and illegal construction in violation of the sanctioned site plan and bye-laws and causing further damage to the house of the plaintiffs. The defendants were also directed to remove unauthorised and illegal construction existing on plot No. 2/31, Shivaji Nagar, Gurgaon. The plaintiffs were granted a decree for recovery of Rs.2,50,000.00 along with interest @ 12% p.a. in respect of the damages suffered by the plaintiffs on account of damage caused to the building of the plaintiffs on account of the construction sought to be raised by the defendants on their adjoining plot.

(2.) Both the Courts have recorded a concurrent finding of fact that the defendant-appellants have raised unauthorised construction in violation of the sanctioned building plan and bye-laws. It has been also found that on account of such process of raising construction, the building of the plaintiffs has suffered damage and such damage has been quantified at Rs.2,50,000.00 as claimed in the suit.

(3.) Learned counsel for the appellants has vehemently argued that the plaintiffs have not claimed a decree for directing the defendantappellants to demolish the unauthorised/illegal construction and rather the plaintiffs have prayed that the Municipal Committee should get the illegal construction stopped and demolished.