- (1.) Plaintiff had filed a suit for mandatory injunction that Defendants No. 1 and 2 be directed to remove the electric meter, stairs and show case illegally fitted by them by encroaching upon half share of the Plaintiff in the common wall between the houses of the Plaintiff and Defendants No. 1 and 2.
(2.) The case of the Plaintiff, in brief, was that the Plaintiff was resident of house No. 713, whereas, Defendants were owners of house No. 712. Both the parties had constructed their houses on the plots allotted to them. Defendants No. 1 and 2, while constructing the staircase, had, however, encroached upon the share of the Plaintiff in the common wall between the two houses.
(3.) Defendants No. 1 and 2, in their written statement, averred that the Plaintiff had no locus standi to file the suit. It was admitted that the Plaintiff was owner of house No. 713 but it was denied that the Defendants had encroached upon 4 1/2" wall belonging to the Plaintiff. The Plaintiff had also constructed staircase on the common wall. The Plaintiff had paid half cost of the construction of the common wall as the Defendants had constructed their house prior to the Plaintiff.;