SHER SINGH Vs. PYARE

JUDGEMENT

(1.) SHER Singh-Plaintiff had filed a suit for mandatory injunction against the defendants. Additional Civil Judge (Senior Division), Jhajjar, vide judgment and decree dated 21.2.2007 decreed the suit of the plaintiff to the extent that the plaintiff is entitled to construct the Chhatri at the place of cremation of his father on the suit property up to the extent of his 1/27th share out of the total land. Aggrieved by the same plaintiff filed an appeal with the prayer that his entire suit was liable to be decreed. Vide judgment and decree dated 17.3.2008, Additional District Judge, Jhajjar maintained the judgment and decree dated 21.2.2007 and dismissed the appeal. Hence the present appeal.

(2.) THE facts of the case, as notice by the learned Additional District Judge in paras 2 and 3 of its judgment are as under :-

(3.) PLAINTIFF had filed a suit for mandatory injunction directing the defendants to allow him to raise construction of Chhatri in the suit land where his father had been cremated and further directing the defendants not to raise construction in the suit land without getting it partitioned.