GIAN SINGH @ HISHE RAM Vs. ARJUN SINGH

JUDGEMENT

(1.) BY means of this petition under Article 227 of the Constitution of India, the Petitioner has prayed that the orders of both the Courts below whereby they have refused to grant interim injunction be set aside.

(2.) BRIEFLY stated the facts of the case are that the Petitioner (hereinafter referred to as the 'Plaintiff') claims that he had constructed a house and alongwith the house, there is a projection (Chhaja) akin to a 'Varandah' which is projecting beyond the outer wall of the house. The Plaintiff claims that the Respondent -Defendant is now raising construction on the land below the Chhaja and he be restrained from raising this construction. The Plaintiff also claims that he is owner in possession of the said land.

(3.) BOTH the learned Courts below have refused to grant any injunction in favour of the Petitioner on the ground that as per the inquiry conducted, it has been found that it is the Defendant who is in possession of the land below the Chajja and that he had already raised construction of a wall upto the height of 51/2 feet which is about 15 feet long.