INTZAR HUSAIN Vs. SHAIKH ABDUL HAQ

JUDGEMENT

(1.) The plaintiffs, who are the respondents in this Court, brought the suit, out of which this appeal has arisen, to obtain, inter alia, a mandatory injunction directing the defendants to remove abridge which they had constructed over a lane to connect their houses situate on either, side of it. The basis of the claim of the plaintiffs was that the lane was their property, along with the defendants other than the defendants Nos. 1 and 2. The defendants Nos. 1 and 1 denied that the lane was the plaintiffs property and said that it belonged to Government, being Nazul land.

(2.) It appears that the bridge crosses a blind lane in which the houses of the parties are situated, but at the site in question, namely, under the bridge, there is no body's house except those of the defendants Nos. 1 and 2.

(3.) The learned Munsif found that the title-deeds of the parties did not cover the land in suit. These documents describe the lane as a passage leading to houses. The Munsif also found that there is no evidence to prove that the title to the land was in the Government. He, therefore, came to the conclusion that the land below the bridge was the property of both parties. Holding, therefore, that the bridge had been constructed over joint land, he directed the removal of it.