AMAR NATH Vs. ARJAN SINGH

JUDGEMENT

(1.) The plaintiff filed suit No. 97/1 of 1976 for permanent injunction restraining the defendants from raising any construction on the Donga touching the wails of the plaintiffs house on land comprised in khasra No. 794/581/2 and making any encroachment on land of the plaintiff comprised in khasra No. 581/3 situated in Station Ward, Simla, since the plaintiff claims to be the owner of this property. The property of the defendants adjoins the land of the plaintiff and is comprised in khasra No 794/581/1. Then there is common, Gali 27 wide between these properties of the parties and half of the same belong to the plaintiff. As per the averments the defendants encroached upon this Gall in August, 1975 and raised a Danga on the same. The defendants intended to construct a house on this Danga and the plaintiff seeks to restrain them from raising this house and to remove the encroachment on khasra No. 581/3.

(2.) In their written statement, the Defendants denied these allegations of the plaintiff but the plaintiff reiterated the claim in his replication. On the pleadings of the parties, the trial Court framed the following issues I - "1. Whether the suit is bad for mis -joinder of necessary parties as alleged in pre -Obj. No. 1 of Written Statement. If so, its effect? OPD

(3.) Whether there was a common Gali between the property of the parties and the plaintiff is the owner of 1/2 of the said Gali, as alleged? OPD