DEEPAK JAIN Vs. JAIN NAGAR WELFARE SOCIETY

JUDGEMENT

(1.) DEEPAK Jain, petitioner had filed suit No.12/1998 for permanent prohibitory injunction against Jain Nagar Welfare Society -respondent, seeking reliefs which read thus: - - "1. That the defendant, its agents and servants and all members of the defendants society be restrained from raising any construction at the site marked Red in the site plan and/or infront of the plot of land marked "A" in the site plan directly, indirectly or otherwise and/or to interfere with the right of the plaintiff to use road leading to his plot of land and/or to interfere with the plaintiffs right of ingress or outgress and be further restrained from creating any impediment/obstruction to the plaintiff right to use the said plot of land."

(2.) IT was during the pendency of this suit that he filed yet another suit seeking the following reliefs: - - "1. It be declared that the road marked "C" in the site plan annexed to the plaint is a public road and the plaintiff along with his brothers has absolute right to use the said road in common with other residents of Jain Nagar. 2. It be declared that wall marked "D" in the site plan belongs to the plaintiff and he is the owner of the said wall and has every right to remove/demolish the said wall as he may deem fit.

(3.) BY a permanent prohibitory injunction, the defendants, their agents and servants including office bearers be restrained from interfering in the use of the road marked "C" in the site plan and in the removal/demolition or construction of the wall marked "D" by the plaintiff." 3. The subsequent suit of Deepak Jain was based on the grounds which for facility of reference are reproduced hereunder: - - "1. That the plaintiff is the owner of a plot of land measuring 60 x 80 along with his brothers and adjacent to this plot, he and his brothers purchased 48 kanals of land under Survey Nos.531 & 532. 2. That there is a public road towards the west of plot measuring 60 x 80 which has been constructed by Jammu Municipality and is maintained by it and defendant wanted to raise construction on this road so a suit had been filed before this Court. 3. That there is a brick wall in between plot measuring 60 x 80 and the chunk of 48 kanals of land which the plaintiff wanted to remove, but the defendants society lodged a protest."