JATISH CHAND Vs. HARNARAIN

JUDGEMENT

(1.) The appellants-defendants are in the present regular second appeal, against the concurrent findings of fact, whereby the suit of the respondents-plaintiffs for permanent injunction as well as mandatory injunction restraining defendant Nos.1 to 3, from raising any construction over the passage and courtyard in dispute as shown in the site plan attached with and from closing or obstructing outlets of the house of plaintiff No.3 and proforma defendant Nos.6 and 7 and from obstructing them from using the street shown in green colour in the site plan, has been decreed in part and affirmed in appeal.

(2.) The plaintiffs sought the aforementioned relief on the premise that in between the house of the plaintiffs and the proforma defendants, there is a public street as shown in green colour in the site plan and towards western side of the house of plaintiff No.3 and defendant Nos.6 and 7, there was a passage and courtyard (Sehan) in red colour, which was being used by the occupants of all the adjoining house for ingress and out-gress. The outlets, windows and ventilators etc. of the plaintiffs as well as the proforma defendants houses also opened towards the street shown in green colour. Defendant Nos.1 to 3 tried to grab the property in dispute by placing the stones over the same and obtained the decree against M.C. Narnaul. Under the garb of the decree, wanted to raise the construction, in such circumstances, a cause of action accrued to file the suit.

(3.) The defendant No.3, 4 and 5 were proceeded ex parte and defendant Nos.6 and 7 were filed the written statement admitted the averments of the plaintiffs.