SUKHBIR AND OTHERS Vs. KARAMBIR AND ANOTHER

JUDGEMENT

(1.) The defendants are in appeal against the judgment of the Courts below, whereby, the suit of the plaintiffs-respondents has been partly decreed.

(2.) The plaintiffs filed a suit for mandatory injunction for directing the defendants-appellants to remove the encroachment alleged to be made by them in the street depicted in red colour in the plaint. Plaintiffs also sought consequential relief of permanent injunction for restraining the defendants from raising any further construction and encroachment over the remaining portion of the street.

(3.) The case of the plaintiffs was that plaintiff No.1 had a share to the extent of 0 kanal 4 marla approximately, plaintiff No.2 had a share to the extent of 0 kanal 7' marla in Gair Mumkin Bara/Ghair measuring 1 kanal 10 marlas comprised in khewat No.16 khatoni No.43 khasra No.320(1-10) total measuring 283 kanals 0 marla situated in village Agondh, District Karnal. It was pleaded that the plaintiffs had constructed two rooms and two stores in the said bara and were using the same for tethering their cattle. There was an eight feet wide cemented street in front of the bara and this street was the only way for the plaintiffs to approach the bara in question. Defendant No.1 had a plot on the eastern side of the said street. It was alleged that the defendants had encroached upon the street by raising a wall of 9 inches upto the height of 2' 7". The said encroachment caused hindrance in the outgress and ingress of the plaintiffs to their bara.