BALDEV SINGH CHAHAL Vs. MADAN LAL GULATI

JUDGEMENT

(1.) In this Regular Second Appeal filed under Section 41 of the Punjab Courts Act, 1918 (prior to its amendment w.e.f. 9.12.1998), the appellant defendant has challenged the judgment and decree dated September 13, 1979, passed in appeal by the District Judge, Patiala, dismissing his first appeal and confirming the decree for permanent injunction passed by the trial Court, thereby restraining him from interfering with the Respondent-plaintiffs peaceful enjoyment of the street or from raising any construction so as to obstruct use of the said street on the side of his house, situated in Pili Sarak, Raghomajra, Patiala.

(2.) In the suit, the plaintiff has claimed that he, and the other residents of the locality have been using the street in dispute adjoining the house in his possession for the last more than 3 and 1/2 years; and that the defendant is trying to obstruct the same by raising a wall. Contesting the suit, the defendant has pleaded, inter alia, that there is no street and the piece of land in dispute is his own property. An additional objection is raised that the suit is not maintainable.

(3.) On the basis of the personal inspection of the site, and the documentary and oral evidence on record, namely, Sale Deed Exhibit P2 and Site Plan Exhibit P1 and the deposition of PW1, PW2 and PW3, the trial Court has granted the injunction and decreed the suit. The relevant findings recorded in paragraph Nos. 11 and 13 of the trial Court judgment are extracted below:-