HARDEEP SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 05.12.2014, passed by the learned Additional District Judge, SAS Nagar, Mohali (for short, the 'first Appellate Court') whereby, the appeal filed by the appellant, against the judgment and decree dated 04.07.2013, passed by the learned Civil Judge, Jr. Divn., Dera Bassi, (for short, the 'trial Court'), has been dismissed.

(2.) Briefly stated, the plaintiff filed a suit for mandatory injunction directing the defendants No.1 to 7 to remove the wall at point BC and restore the window and the door of the house of the plaintiff at Point DW, and shut off the door at Point D of house of Bachan Singh, defendant No.2 and further directing defendant Nos.1 to 7 to restore the common passage measuring 4 feet x 27 feet at point ABEF and remove the gate at point G and also directing the defendants to restore the drain at point BAJK, fully shown in the site plan bounded as North -Bachan Singh, South -Prem Singh, East -Piara Singh, West -Sukhchain Singh situated in abadi of Village Nagla, Tehsil Dera Bassi, District SAS Nagar and suit for permanent injunction restraining the defendants, their agents, servants, representatives from changing the nature of the portion as well as passage by making any type of construction/obstruction over the suit land fully shown in the site plan as ABCDEF bounded as North -Bachan Singh and Jai Krishan, South -Sukhchain Singh, East -Hardeep Singh (plaintiff), West -Street situated in abadi of Village Nagla, Tehsil Dera Bassi, District SAS Nagar.

(3.) It was pleaded by the plaintiff that defendants No.1 to 6 and defendants No.8 to 10 had agreed to sell their abadi property to the plaintiff as the said property was adjoining the old house of the father of the plaintiff. In this regard, the defendants No.1 to 6 had executed agreement dated 21.1.2012 for full and final payment of Rs.1,60,000/ - and defendants No. 8 to 10 had executed an agreement dated 19.01.2012 for payment of Rs.75,000/ - in favour of the plaintiff. As per the agreement dated 21.1.2012, it was agreed that the portion shown in the site plan marked as BCDE would be kept open as the said portion was used for the purpose of Guga Mari. It was also agreed that the defendant No.2 was bound to shut off his door at point G which was opened towards the said portion. After purchasing the said abadi property, the plaintiff demolished his old house for constructing the new house. When he started the construction of his house, the defendants No.1 to 7 raised objection regarding installation of the window and door by him. They forcibly constructed a wall in front of the door and window at point BC. After that they occupied the entire passage measuring 4 feet x 27 feet and installed a gate at point AF. They also dug up a drain leading to the old house of plaintiff with a malafide intention. The plaintiff requested the defendants to stop their illegal activities but they refused hence, the suit.