BADRI PRASAD Vs. JAI NARAIN

JUDGEMENT

(1.) THIS is plaintiff's second appeal arising out of a suit for injunction and for demolition of certain construction made by the defendant respondents over a passage between the respective houses of the parties.

(2.) THE plaintiff averred that there was a 'Chowk' between the houses of the parties and the defendants Nos. 1 to 5 had unlawfully made an extension in their premises thereby encroaching the passage. The alleged encroachments were shown in the map Ex. 2 by red colour. Their measurements were mentioned in para 4 of the plaint. The defendants Nos. 1 to 4, who filed a joint written statement, denied to have made any encroachments. On the other hand, they claimed that the land exclusively belonged to them though they made a concession that the plaintiff had an easementary right of passage over their land.

(3.) PARTIES shall bear their own costs Ex. 1 site plan shall be part of the decree.