TEJINDER SINGH DHINDSA - (1.) PLAINTIFFS instituted a suit claiming the relief of permanent injunction to restrain the defendants from encroaching upon any part of the passage in question. A further relief for mandatory injunction was also prayed for to direct the defendants to remove the encroachment already made over such passage. It was pleaded that Puran, predecessor-in-interest of defendants No. 1 to 4, had carved out a Colony as reflected in the site plan, Exhibit P1, and he along with one Janak Raj Chopra had sold plot Nos.70-A to 82-A in the said Colony. On the back side of such plots, a 10' wide passage had been left and such fact was duly mentioned in all the sale- deeds got executed by Puran and Janak Raj Chopra. The defendants were wanting to encroach upon the 10' wide passage as reflected in letters 'ABCD' in the site plan, Exhibit P1, and accordingly, the suit had been filed.
(2.) THE defendants contested the suit in terms of taking a stand that the plots of the plaintiffs were situated upon land comprised in khasra No.1094 whereas the alleged encroachment/construction had been made by the defendants over land comprised in khasra No.1093 with which the plaintiffs have no right or concern. The trial Court vide judgment dated 4.12.2009 dismissed the suit. Aggrieved of the same, the plaintiffs preferred a civil appeal and vide impugned judgment dated 4.2.2011 passed by the Additional District Judge, Gurgaon, the appeal has been accepted. The judgment and decree of the trial Court has been set aside and the defendants were restrained from making any encroachment over the passage in question and were also directed to remove the encroachment already made.
(3.) ACCORDINGLY, the defendant-appellants are in second appeal before this Court.;