HARBANS LAL Vs. BHIM SAIN ETC

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree of the Senior Subordinate Judge, Sangrur dated March 25, 1996.

(2.) Briefly the case of the plaintiff is that there is an open site belonging to and in possession of the plaintiff and Tara Chand, defendant No. 3, in front of their house towards the West and the house of defendant Nos. 1 and 2 is situated towards the north of the said vacant place. It is alleged that defendant Nos. 1 and 2 opened a door in the southern wall of their house in the aforesaid land. He consequently filed a suit praying that a decree for mandatory injunction be passed against defendant Nos. 1 and 2, ordering them to close the door opened by them in the southern wall of their house. He further prayed that the said defendants be restrained permanently from making a door on the place in dispute. Defendant Nos. 1 and 2 filed a written statement wherein they controverted the allegations of the plaintiff. They, inter alia, pleaded that the plaintiff was neither the owner nor in possession of the aforesaid open site. The defendants further pleaded that their door, windows and pernala had been in existence since long. The trial Court framed the following two issues :-

(3.) Relief.