KALURAM Vs. DINESH KUMAR

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment & decree dated 19.01.2021 passed by the Additional District Judge, Pindwara, District Sirohi, whereby the appeal filed by the appellant against the judgment & decree dated 08.02.2018 passed by the Civil Judge, Pindwara, District Sirohi has been rejected and the decree for permanent and mandatory injunction passed by the trial court has been upheld.

(2.) The suit was filed by Dinesh Kumar against the appellant- defendant, inter-alia, with the averments that the plaintiff's house was situated at Village Jhadoli, the boundaries of the house were indicated in the plaint. It was averred that the plaintiff has purchased the land from Jaisa Ram S/o Galbaji by a registered sale deed dated 06.04.1993. It was claimed that the only way for coming on the said plot was from the public lane situated on Western side of the plot.

(3.) Alongwith the suit, a map was produced, wherein the disputed public way was indicated as B.P.G.H. and the width of the lane was indicated as 13ft. It was claimed that the lane was in existence for long time and is being used by him as and when required. The defendant, without any right, has constructed a toilet ad measuring 6' x 4' on the said lane, has placed bricks and firewood in the lane and after putting up a stove started cooking food both the times in the said lane.