BALWANT RAI Vs. KARTAR CHAND

JUDGEMENT

(1.) SUIT for permanent injunction filed by plaintiff/respondent so as to restrain the defendant/appellant from raising any sort of construction or encroaching the land measuring 3 Kanals 1 Marla comprised in Khewat Khatoni No. 198 min./267 min. Khasra No. 188 (3K-1M) situated at village Kherki Manakpur Tehsil Naraingarh District Ambala and for mandatory injunction directing the defendant/appellant to deliver the vacant possession of his illegal encroachment measuring 4 Marlas as per demarcation report dated 11.6.1994 was decreed by learned Additional Civil Judge (Senior Division), Ambala City on 23.10.2003. Aggrieved of the same, the defendant/appellant filed an appeal, which was dismissed with costs by learned Additional District Judge, Ambala on 21.2.2005. He is now before this Court in a second appeal under Section 100 of the Code of Civil Procedure.

(2.) AT the very outset, learned counsel for the appellant submitted that he confines his prayer in the present appeal only in respect of the mandatory injunction granted by the learned lower Courts, whereby he has been asked to deliver vacant possession of 4 Marlas, which was said to be under his illegal encroachment.

(3.) LEARNED counsel for the appellant submitted that the appellant was not present at the time of the demarcation, as the report did not carry his signatures.