JASWANT SINGH Vs. RAKSHA RANI

JUDGEMENT

(1.) By this appeal the appellant (plaintiff in the suit) challenges the concurrent findings of the learned Courts below, dismissing his suit by which he sought a decree of permanent injunction restraining the respondents herein (defendants) from demolishing the boundary wall erected on the first floor of the house of the plaintiff, the address of which is fully described in the head note of the plaint as also in the judgment of the learned trial Court.

(2.) The contention of the appellant in his suit was that the house had been purchased by his mother vide a registered sale deed dated 27.02.1958 from its original owner; and thereafter construction was raised on the first floor of the house by the appellant/plaintiff himself, upon him having inherited the house vide a registered will executed in his favour on 20.04.1993, by his mother.

(3.) The suit was resisted by the respondent/defendants essentially on the ground that earlier also a wall had been constructed by the plaintiff which had been demolished by the Municipal Authority and that the plaintiff was in fact encroaching upon the (first floor) area of the defendants.