- (1.) The application is allowed and Annexures A/1 to A/3 are taken on record subject to all just exceptions. RSA No. 1710 of 2012 Jaswinder Singh defendant No. 1 having been defeated in both the courts below has approached this Court by way of instant second appeal. Respondent No. 1 - plaintiff Dhir Singh filed suit against defendant No. 1 - appellant and his father Roop Singh defendant - respondent No. 2 alleging that the plaintiff purchased plot measuring 18 marlas from defendant No. 1 vide registered sale deed dated 18.7.2001 which abuts common street lying on its south. Since the date of sale deed, the plaintiff is owner in possession of the aforesaid plot and is using the common street. The plaintiff has also raised construction over the said land after getting plan sanctioned and after taking loan from bank. Doors and windows of plaintiff's house also open towards the aforesaid street. Defendants without having any right to encroach upon the street threatened to encroach upon the same. Plaintiff, therefore, sought permanent injunction restraining the defendants from doing so.
(2.) Defendant No. 2 was proceeded ex parte as after initially appearing in person on some dates of hearing, none appeared for him thereafter nor any written statement was filed.
(3.) Defendant No. 1 contested the suit. He admitted that he sold 18 marlas land in question to the plaintiff vide sale deed dated 18.7.2001. However, defendant No. 1 pleaded that boundaries of the said land as described in the sale deed are not correct and in fact there is no public street towards south of the said land. It was mistakenly mentioned in the sale deed. On the other hand, it is private street left by defendant No. 1 for his own personal use. Plaintiff or any other person has no right to use it.;