SANTOKH SINGH Vs. GOBIND SINGH

JUDGEMENT

(1.) Plaintiff-appellant-Santokh Singh filed a suit for mandatory injunction before Civil Judge (Junior Division), Ambala which was dismissed vide judgment and decree dated 22.10.2011. Thereafter, aggrieved by said judgment and decree passed by the trial Court, he filed appeal before Additional District Judge, Ambala which was also dismissed vide judgment and decree dated 19.3.2014.

(2.) Aggrieved by said judgments and decrees passed by the Courts below, the present second appeal has been filed by raising various grounds.

(3.) Learned counsel for the appellant submits that both the Courts below have not properly appreciated the evidence adduced by the plaintiff-appellant. While dismissing the claim of the plaintiff-appellant, both the Courts have failed to consider the fact that the land which was left by the parties for the passage has been encroached by the defendant-respondents by raising a wall without any right. The appellant has proved this fact by leading cogent evidence i.e. oral as well as documentary but a wrong finding has been given by both the Courts below that defendant-respondents have not encroached upon the passage by raising a wall. Learned counsel submits that finding recorded by both the Courts are contrary to facts and evidence available on the record. Learned counsel also submits that the First Appellate Court has dismissed the appeal by recording the finding that the appellant has not mentioned the compromise arrived at between the parties in the suit, whereas, said compromise was never obeyed by the defendant-respondents and, as such, it could not be implemented between the parties. At the end, learned counsel for the plaintiff-appellant submits that the judgments and decrees passed by both the Courts below be set aside and the present regular second appeal be allowed.