NAND LAL Vs. INDER SINGH

JUDGEMENT

(1.) Plaintiff having lost in both the Courts has approached this Court under Sec. 100 of the Code of Civil Procedure.

(2.) Plaintiff filed a suit for permanent prohibitory and mandatory injunctions against defendants seeking following reliefs:-

(3.) As per averments made in the plaint, plaintiff claimed himself to be co-owner in possession of land comprised in Khewat/ Khatauni No. 55/75, Khasra No. 28, total measuring 1-2 Bighas, situated at Mauja Dhanda, Pargana Kemali Khurd, Tehsil and District Shimla, H.P. Plaintiff claimed himself to be owner of 2 biswas of land, out of Khasra No. 28, on the basis of transfer of such land in his favour by one of the co-owners Smt. Phuloo Devi by way of sale. Plaintiff sought the relief against defendants by alleging that defendants were owner of adjoining land comprised in Khasra No. 29 and while raising construction thereon he had violated the provisions of Town and Country Planning Act. As per plaintiff, defendants had raised construction by covering his land till the edge towards Khasra No. 28 and consequently, the projection and cantilevers structure hanging over already constructed house of the plaintiff, causing prejudice to his rights.