- (1.) Leave granted.
(2.) Respondent herein filed a suit for permanent injunction against the appellant. The suit was marked as Civil Suit No. 226 of 1987. A decree for permanent injunction was passed by the learned trial Judge on 19.1.1989, the operative portion whereof reads as under: "This suit comes today before me (Balbir Singh PCS, Addl. Senior Sub Judge Jagraon) for final disposal, in the presence of the counsel for the parties, it is ordered that:-_______(illegible) the suit of the plaintiff is decreed against the defendant for a permanent injunction restraining the defendant from planting tree on the Khasra No. 17/2 on the one side and Khasra No. 218/1 and 17/1 on the other side situate in the area of village Abbupura Tehsil, Jagraon, District Ludhiana peculiar circumstances of the case, the parties are left to their own costs."
(3.) The decree holder filed an application for execution of the decree praying, inter alia, for removal of the tree from the lands in question. A Commissioner was appointed. He submitted a report stating as under: (i) I compared the site plan with the situation of the disputed property where tree of Bohar exists. (ii) I measured the distance of Bohar tree from the common butt of Khasra Nos. 17/2 and 218/1 with the help of a measurement tape. The centre point of Butt upto the centre point of radius of Bohar tree is 11 feet i.e. 2 karams. (iii) The branches of Bohar tree comes across the common Butt into Khasra No. 218/1 approximately 6/7 feets. (iv) I prepared a rough site plan at the spot, which is also attached herewith. According to my observation the half portion of the Bohar tree falls within two karams from the common Butt of properties of the parties.";