BEANT SINGH Vs. DARSHAN DEVI

JUDGEMENT

(1.) The present regular second appeal is directed against the concurrent finding of fact whereby the appellant-defendant No.1 has been injuncted to raise construction or to take possession and also to cause any obstruction in the gali situated in South side of house of plaintiff and removal of projection constructed by him for joining two houses within two months.

(2.) Plaintiff alleged that his house is situated in Mohalla Gurunanakpura shown as mark AEFGH in site plan. On Western side of the house of plaintiff, there is a passage and Southern side is gali. Windows, ventilators and parnale of the house open towards rasta and gali and sun light also enters. Defendant had no concern with aforementioned gali and rasta as it was meant for public use but being quarrelsome, defendant wanted to raise construction. On repeated requests did not budge, rather on the corner of gali constructed one small projection.

(3.) Defendant No.1 opposed the suit and stated, on merits, that morre and parnale shown by the plaintiff were left with the permission of the defendant. The said gali was left by the defendant on which plaintiff did not have any concern. Fly over existed for a long time, which was never objected to by the plaintiff.