KANSINGH, J. - (1.) THIS is plaintiff's second appeal arising out of a suit for injunction and for demolition of certain construction made by the defendant respondents over a passage between the respective houses of the parties.
(2.) THE plaintiff averred that there was a 'Chowk' between the houses of the parties and the defendants Nos. 1 to 5 had unlawfully made an extension in their premises thereby encroaching the passage. The alleged encroachments were shown in the map Ex. 2 by red colour. Their measurements were mentioned in para 4 of the plaint. The defendants Nos. 1 to 4, who filed a joint written statement, denied to have made any encroachments. On the other hand, they claimed that the land exclusively belonged to them though they made a concession that the plaintiff had an easementary right of passage over their land. The principal issue that came up for decision before the learned Munsif, before whom the suit was filed, was about the alleged encroachment by the defendants over the land in dispute. Both the sides examined evidence and in the result the learned Munsif partly decreed the suit in the following terms: The plaintiff's suit is partly decreed. The defendants 1 to 4 are restrained from making any construction on the open land between the houses of the parties and from interfering with the easementary rights of the plaintiff. It is further ordered that the portions of the Chabutra of defendant Nos. 1 to 4 (which is shown by red colour in Ex. 1 and by green and red colour in Ex. 2) which may be in excess of the measurements given in Ex. 1 site plan be demolished to the extent of the excess. The prayer for the removal of O.P. wall (in Ex. 2) is rejected.
(3.) PARTIES shall bear their own costs Ex. 1 site plan shall be part of the decree.;