C.V. Bhadang, J. - (1.) The appellants are the legal representatives of the original plaintiffs Shri Shivram Desai while the respondents are the legal representatives of the original defendant Shri Arjun Pednekar. For the sake of convenience the parties are referred to as plaintiff and defendant.
(2.) The plaintiff filed Regular Civil Suit no. 24 of 2001 (old Civil Suit no. 91/1997) for the following reliefs: (a) The defendant may be ordered to demolish the suit toilet block as shown in the sketch (Exh. A) annexed to plaint and the defendant may be orfered to demolish and remove the Poultry Structure shown in the sketch. (b) The defendant or any person claiming through him may be restrained from doing any construction or reconstruction with respect to the suit mangor or in any open space in survey no. 504/1 at Pernem unless he has purchased the dwelling house area under the Act and same construction falls within such dwelling house area.
(3.) The case made out in the plaint is that the defendant is a mundkar of a dwelling house and had constructed a toilet block near mangor and a poultry farm a year before filing of the suit and this was without the consent of the plaintiff.;