SHIV SINGH Vs. HAKAM SINGH

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) THIS is a defendant's appeal against the judgment and decree of the trial Court, as affirmed by the first Appellate Court, whereby besides having been restrained by a decree of permanent prohibitory injunction from interfering in the land bearing Khasra Nos.408 and 410, belonging to the respondents-plaintiffs, the appellant-defendant has been directed, by way of mandatory injunction, to demolish the latrine constructed by him over a portion of the aforesaid land and to vacate the encroachment made by him on a portion of the suit land to the extent of 3 marlas by raising latrine.

(3.) THE trial Court framed various issues. Parties went to trial. At the end of the trial, it was held that the appellant-defendant had made encroachment on a portion of the suit land to the extent of 3 Marlas, as depicted in Aks Shajra Ex. P-3 and accordingly decree was passed. In appeal, filed by the appellant-defendant, the District Judge has affirmed the decree. Now, the appellant-defendant has approached this Court.