IMPROVEMENT TRUST Vs. RAJINDER SINGH

JUDGEMENT

(1.) Rajinder Singh had filed a suit for perpetual injunction restraining the present appellants from demolishing his property consisting of 6 rooms, kitchen, bath room, stair case etc., at Plot No. 67, 38E, Bhai Randhir Singh Nagar, Ludhiana. The plaintiff had applied for sanction of his plan on 9.1.1987 and it was so granted on 20.1.1987. Thereafter he had raised construction and the notice for demolition issued by the defendants was violative of the statutory provisions and was an abuse of authority.

(2.) The suit was contested by the defendants. After permitting the parties to lead evidence, the learned Trial Court answered the issues framed in favour of the plaintiff and decreed the suit of the plaintiff vide its judgment and decree dated 27.1.1993. This judgment and decree was assailed in appeal before the learned 1st Appellate Court, of course, unsuccessfully. Vide its judgment and decree dated 20.1.1998, the appeal of the defendants was dismissed with costs, giving rise to this regular second appeal.

(3.) The only contention raised on behalf of the appellants is that the learned Courts below have misconstrued the statement and cross examination of DW1 and therefore, have fallen in grave error of incorrectly appreciating the evidence.