Mehinder Singh Sullar, J. - (1.) AS the Courts below duly recapitulated, discussed the pleadings and evidence brought on record by the parties in detail, therefore, there appears to be No. necessity to again reproduce and repeat the same in the instant regular second appeal. However, concisely, the relevant facts, which require to be noticed for the limited purpose of deciding the present appeal and emanating from the record, are that Smt. Surjit Kaur wife of Dr. Rajinder Singh Thind Respondent No. 1 -Plaintiff (for brevity "the Plaintiff"), filed the suit for a decree of mandatory injunction, directing Harjit Singh son of Daljit Singh and Ors. Appellant -Defendants (for short "the Defendants"), to vacate and remove all obstructions and structures, including the kiosks (Khokhas), in front of western wall of her (Plaintiff) house, from the site in dispute, with a consequential relief of permanent injunction, restraining them (Defendants) from causing any kind of hindrance or obstruction in future, on the disputed site.
(2.) THE case set up by the Plaintiff, in brief in so far as relevant, was that she has constructed her house, after getting the site plan sanctioned from the Municipal Committee (in short "the MC"). The main gate of her house was kept on Jagdish Ashram Road and the western wall, abutting the Cantonment road, was provided with the side gate. She has every right to ingress or egress from the gate towards the western wall of her house on Cantonment road side and the Defendants have No. right to obstruct the enjoyment of her property. The Defendants have placed their temporary kiosks (Khokhas) on the site in dispute, without any legal right. She asked them to remove the kiosks and not to make further construction, but in vain, which necessitated her (Plaintiff) to file the present suit. Levelling a variety of allegations and narrating the sequence of events, in all, the Plaintiff claimed that she is owner and has every right to ingress & egress through the indicated gate of her house, but the Defendants have placed their temporary kiosks (Khokhas), in front of western wall, obstructing free use of her house. On the basis of aforesaid allegations, the Plaintiff filed the suit seeking a decree for mandatory/permanent injunction against the Defendants, in the manner indicated hereinbefore.
(3.) DEFENDANT Nos. 1, 3 & 5 contested the suit and filed their joint written statement, inter -alia raising certain preliminary objections of, maintainability of the suit, cause of action and locus standi of the Plaintiff. The existence of gate towards western side of the house of the Plaintiff was denied. According to the contesting Defendants, they have placed their kiosks on the site in question, belonging to one Gupinder Singh Sibia for the last more than 25 years and are earning their livelihood since 1970 -71.;