- (1.) This is regular second appeal against judgment dated 04.12.1985 passed by then Senior Sub Judge, Narnaul, decreeing the suit of plaintiff as follows:- "32. In view of my above detailed discussion and for the foregoing reasons, the suit of the plaintiffs against the defendants is decreed with cost directing specifically defendant no. 1 to remove illegally constructed room on portion shown by point 'A' and by words ABCH in red colour in site plan Ex. PW-2/A bounded as follows:- East : Latrine and chabutra of the plaintiffs; West : Gali; North : Gali and illegal construction mark CE; and South : House owned & possessed by the plaintiff situated in Mohalla Raoka, Narnaul and to restore the same as vacant space. Defendant no. 1 is also directed to remove illegal construction on public thoroughfare shown by point 'B' in yellow colour and by words AGFDAHC in site plan Ex. PW-2/A, bounded as follows:- East : Rasta and illegal construction CD; West : House of defendants; North : House of defendants; and South : Chabutra of plaintiffs point 'A' in red colour shown by words ABCH. situated in Mohalla Raoka Tehsil-Narnaul and to restore the public thoroughfare in its original condition as public thoroughfare. All the defendants are further directed not to interfere in the use of the plaintiffs over these two disputed pieces and also further directed not to raise any sort of further construction on these two disputed pieces of land. The defendants are also directed to remove these illegal construction within two months from today............."
(2.) The above observations of learned Senior Sub Judge, Narnaul were affirmed in appeal by Ist Appellate Court.
(3.) Plaintiff-Tara Chand (since deceased now represented by his legal heirs) filed suit seeking the relief of injunction for direction to defendants to remove illegally constructed room on chabutra 'ABCH' shown in red colour at point 'A' in site plan Ex. PW-2/A owned by them and to restore the same in its original shape as chabutra. They also sought direction to defendants not to raise further construction over this room and to restrain them from interfering in ownership and possession of plaintiff over the chabutra. Plaintiff sought further direction to defendants to remove illegal construction in the street 'AGFDAHC' shown with yellow colour in site plan Ex. PW-2/A at point 'B' and restore the same in its original condition.;