KULWANT SINGH Vs. JODH SINGH

JUDGEMENT

(1.) THIS is defendants' appeal against the judgment and decree of First Appellate Court where the suit of the plaintiff for declaration and consequential relief of permanent injunction has been decreed.

(2.) THE plaintiff filed a suit for declaration to the effect that he alongwith defendant No. 3 to 11 are owners in possession of land measuring 31 kanals 6 marlas situated in village Moga Jit Singh, District Moga which included the farm-house shown 'red' in the site plan and for mandatory injunction directing defendant Nos. 1 and 2 to close their illegal openings for doors, windows, Ventilators, parnalas, drains. etc. on the southern side of their house towards the suit property opened under the garb of injunction suit filed by them against strangers on 15.2.1999 and for permanent injunction restraining defendant Nos. 1 and 2 from affixing/installing any type of doors, windows, ventilators. Etc. in the openings made by them towards the suit property and further from throwing their waste water and rubbish etc. towards the suit property of the plaintiff and defendant Nos. 3 to 11 permanently.

(3.) IN the joint written statement filed by defendant Nos. 1 and 2, it has been alleged that the plaintiffs and defendant Nos. 3 to 11 have no concern with the property in question. They have only concern with the passage running on the southern side of their residential house which is being used by them continuously since 11.4.1991. The doors, windows and ventilators of their houses already exist. They have their residential house and on the southern side of their house, there is running passage from road to government primary school. They have purchased their house out of khasra No. 114/30 and the passage is on the southern side of their house. The Collector Moga had no right to close the doors, etc. on the southern side of the house of the defendant Nos. 1 and 2. On the southern side, there is a government primary school. The teacher, students and other approach the school through this passage, and thus they have every right to use it.