SOMA DEVI Vs. KASHMIRI LAL AND ANOTHER

JUDGEMENT

(1.) This is the second appeal filed by defendant No. 1 in the suit against a judgment and decree whereby the lower Appellate Court has reversed the decree passed in her favour by the Trial Court in her counter claim.

(2.) For the reference in the present appeal, the parties would be referred to as the plaintiff and defendant No. 1 and defendant No. 2 as described in the original plaint.

(3.) The fact of the, case as mentioned in the judgment of the lower Appellate Court, are that the suit was filed by one Baljeet against Soma Devi, defendant No. 1 (the present appellant) and Kashmiri Lal, defendant No. 2 (respondent No. 1 in the present appeal) alleging that he was owner in possession of the residential house situated at Sodagran Mohalla, Ravidass Nagar, Thanesar, District Kurukshetra. The patnala (water outlet) and the ventilator of the house of the plaintiff open on the back side in a common 'gher' (common yard). It was further pleaded that on the southern side there was house of defendant No. 1 and on the eastern side there was house of defendant No. 2. It was further pleaded that the ventilator and the water outlet of his house in the common yard were in existence for the last 50 years. It was further pleaded that defendant No. 1; in collusion with defendant No. 2 wanted to grab whole of the common yard shown in red colour in the site plan attached in the plaint. It was further pleaded that the defendants had constructed two pillars and they wanted to close down the ventilator and the water outlet of the plaintiff towards the common yard. Therefore, the injunction was prayed for.