ATAMJIT SINGH Vs. RAJINDER LAL & OTHERS

JUDGEMENT

(1.) CMP(M) No. 849 of 2017 in CR No.177 of 2008 & CMP No. 2094 of 2016 in RSA No. 4122 of 2013.

(2.) The petitioner-appellant Attamjeet Singh, admittedly, is the owner of suit land. He has constructed a house thereon. The respondents are the owners of adjoining property bearing Khata/ Khatauni No.227/432, 413 and Khata/Khatauni No.228/414. Their mother Smt. Vidyawati was the owner of the suit land. Their house is also in existence over this land. The alley, i.e. vacant land, which, as per the judgment and decree under challenge, form part of the land bearing Khasra No.1332, is the subject matter of dispute between the parties.

(3.) The case of the petitioner, who was plaintiff in the trial Court, is that said Smt. Vidyawati had encroached upon the alley and reduced its width. The Civil Court vide judgment and decree passed in Civil Suit No.13/1 of 1965, titled Atam Abhey Singh vs. Smt. Vidyawati, decided on 26.04.1966, directed said Smt. Vidyawati, by way of decree of permanent prohibitory injunction, to demolish the Dunga raised thereon and to restore the width of the alley. The said decree was passed on the basis of compromise.