SURJEET SINGH Vs. YASHWANT SINGH

JUDGEMENT

(1.) The learned trial Court, upon, Civil Suit No. RBT/382/98/1993, hence, rendered a verdict decreeing, vis-a-vis, the plaintiff, the espoused relief of permanent prohibitiory injunction, wherethererough, the defendants, were restrained, from, interfering in the peaceful possession, of, the plaintiff, vis-a-vis, the suit khasra number, and, also the defendants were restrained, from, raising any construction, over, the suit land. The plaintiff becoming aggrieved therefrom, given, his becoming denied the relief, of, mandatory injunction, hence, appertaining, to, the, dismantling, of, the construction erected, upon, the suit khasra number, hence, instituted, a, civil appeal, before the learned first appellate, (i) and, upon, the afore apposite appeal, the learned first appellate court, after allowing the plaintiff's appeal, proceeded, to, in addition to the relief, of, permanent prohibitory injunction, as, initially accorded, hence, by the learned trial Court, also granted, vis-a-vis, him, the, relief of mandatory injunction.

(2.) The defendant becoming aggrieved therefrom, his, for striving to beget reversal, of, the verdict pronounced against him, by both, the learned courts below, hence, has instituted, the, instant regular second appeal before this Court.

(3.) When the appeal came up for admission, this Court, on 07.09.2007, admitted the appeal instituted, by, the defendant/appellant, against, the judgment and decree, rendered by the learned first Appellate Court, on, the hereinafter extracted substantial questions of law:-