SOHAN LAL Vs. NIHALI

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the Additional District Judge, Rohtak, dated 22nd May, 1978.

(2.) The brief facts, for determining the controversy, are the following.

(3.) The plaintiffs sought relief of perpetual and mandatory injunction contending that the land in dispute measuring 12 Biswas and 12 Biswansis as part of Khsra No. 10146 and 10147, which was shamlat her dairy and her babre. The land was reserved and used for the common purposes of the proprietors of the said hers. The plaintiffs being the proprietors of the said hers were also the owners of the land in dispute. Sometime later, khasra Nos. 10146 and 10147, which was a common thoroughfare land, were allotted Khasra No. 2733, later in municipal records it was described as plot No. 23. The Municipal Committee declared it to be a prohibited area and nobody was permitted to construct on it.