ROSHAN SINGH Vs. TARLOK SINGH AND OTHERS

JUDGEMENT

(1.) Suit filed by respondent No. 1-plaintiff was decreed by the Trial Court, vide judgment and decree, dated 26.08.2014. For an appeal preferred against the said decree failed, and was dismissed on 23.01.2018, defendant No. 1-Roshan Singh is before this Court in Regular Second Appeal. Parties to the lis, hereinafter shall be referred to by their original position in the suit.

(2.) Plaintiff prayed for a decree for mandatory injunction directing defendant Nos. 1 and 2 to remove the obstruction caused by them, as depicted in the site plan appended with the plaint in Red colour, with Mark-ABC, by raising construction in the passage, comprised in Khasra No. 534, Khewat No. 997, Khatauni No. 1434/1, marked as GHIJKLMNO, shown in Yellow colour, and to restore the said passage to its original position.

(3.) In brief, his case was that he was owner of a land measuring 9 Marlas, comprised in Khewat No. 890, Khatauni No. 1263, Khasra No. 42//11/6 (0-9), situated in village Ajnoha, District Hoshiarpur, shown in Green colour in the plan appended with the plaint. Passage, bearing Khasra No. 534 (0-19), shown in Yellow colour, was entered in the jamabandi for the year 2002-03, as 'Public Passage'. The passage comprised in Khasra No. 534 was marked as GHIJKLMNO, which was being used as such by plaintiff and other inhabitants of the village. House of defendant Nos. 1 and 2 was situated on the northern side of the passage, shown in Blue colour in the site plan. Although defendants had no authority to cause any obstruction in the usage of the said passage by raising any construction or otherwise, but they unlawfully encroached a portion of the passage shown in Red colour, marked as ABC, and merged the same in their house. Thus, the suit.