RAM LUBHAYA Vs. S. DARSHAN SINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal directed against the judgment of the learned Trial Court dated 13.12.1995 and that of the First Appellate Court dated 11.10.2002.

(2.) THE plaintiff-appellant filed a suit for permanent injunction seeking to restrain the respondent from blocking or encroaching upon the street in dispute which was depicted and marked by' letters ABCD and shown in red colour in the site plan attached to the plaint. It is the pleaded case of the appellant that the street has been in existence for a long time and it passes through land of Punjab Wakf Board upon which he is tenant since long and that the street is used for ingress and egress to the property in occupation of the appellant. It is pleaded that the street was also being used by other residents of the area. It was further pleaded that respondent has no right or interest in the street and at the instance of the Municipal Committee, Panipat he is intending to encroach upon it.

(3.) THE parties went to trial on the following issues:-