RAJ RANI Vs. JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Plaintiff is in Regular Second Appeal against the concurrent judgments and decrees passed by the Courts below in a suit for mandatory injunction and permanent injunction.

(2.) Brief facts of the case are that the plaintiff filed a suit for relief of mandatory injunction directing defendants No.1 and 2 to remove the door, window, ventilator, A.C. and thara illegally constructed by defendant No.1 thereby encroaching upon the public street on the ground floor and also to remove the window, ventilator on the first floor constructed by defendant No.1 illegally, unauthorizedly and without sanctioning of site plan from defendant No. Plaintiff also sought permanent injunction restraining defendant No.1 not to interfere in the ingress and egress of the property of plaintiff and her family members and also not to create any encumbrance or obstacle in the free use of the property by her.

(3.) Plaintiff claimed herself to be lawful owner in possession of house property in Khasra No.2760/2320/490 min., total area 101 sq. yards situated at Sultanwind Urban, Abadi East. Gobind Nagar, Tehsil and Distt. Amritsar. Plaintiff claimed that the property was purchased by her vide sale deed dated 27.01.2004 from one Khazan Singh through his attorney. In a blind street/gali the house was in existence and there was a wall adjoining to the house of the plaintiff. Reference of which was given in the sale deed. The construction was old. Plaintiff applied for getting the site plan sanctioned for raising new construction over her property. The site plan was sanctioned by defendant No.2 on 10.08.2009. After depositing the requisite amount towards development charges and other misc. charges, the needful was done by defendant No.2 in terms of certificate of sanction of building plan on 27.08.2009.