HARPREET SINGH Vs. SUBHASH CHAND

JUDGEMENT

(1.) The instant appeal stands directed against the concurrently recorded verdicts by both the learned Courts below, whereunder, they dismissed the plaintiff's suit for rendition of a decree, for permanent prohibitory injunction besides in the alternative for rendition, of, a decree, for mandatory injunction, and, for possession of the suit khasra numbers.

(2.) Briefly stated the facts of the case are that the plaintiff claimed himself to be owner in possession of land bearing Khasra No.432, situated in Mini Secretariat, Nalagarh and that the alleged encroachment of the suit land to the extent of 1.16 square meters, 5.80 meters in length 0.20 meters in width by the defendant and on which the defendant was alleged to have raised walls of his shops. The defendant was stated to have purchased the land measuring 173.99 sq. meters, but has wrongly and illegally raised the wall on the old foundation of the plaintiff by way of encroachment and for removal of the encroachment and for possession, the suit was filed by the defendant.

(3.) The defendant contested the suit and filed written statement, wherein, he had denied the claim of the plaintiff. The defendant through admitted of his having purchasing the land measuring 173.99 square meters but denied having made any encroachment on the land of the plaintiff. He leveled counter allegations and denied the making of any encroachment by raising wall on the existed foundation. It was alleged that the plaintiff used the wall of the defendant without raising his own walls. It was also alleged that he had also filed a suit earlier against the plaintiff and the present suit is not maintainable and the earlier suit between the parties is pending and prayed for dismissal of the suit.