Alok Sharma, J. - (1.) A challenge has been laid by the appellants-plaintiffs (hereinafter 'the Plaintiffs') to the judgment and decree dated 22- 2-2017 passed by the Additional District Judge No.2 Behror, District Alwar in Appeal No.34/2013 (34/2011) dismissing the plaintiffs' appeal and affirming the judgment and decree dated 5- 3-2011 passed by the Civil Judge (Senior Division) Behror, District Alwar in civil suit No.10/1998 dismissing the suit for declaration and injunction.
(2.) The plaintiffs filed a suit for declaration and injunction claiming that they were owning a piece of land in village Shahjahanpur, Tehsil Behror District Alwar measuring East-west 39'2", south 27'2" and North 30' disclosing its boundaries as in East-house of Bhoop Singh Meena, in West-plaintiff's property, their exit and chowk, in the North-house of Lalaram Nai and in the South property of Lalaram Nai. It was alleged that on 8-1- 1992 the defendants tried to construct a drain, balcony and ventilator opening towards the plaintiff's property and hence the suit for declaration and injunction.
(3.) On service of notice on the plaint, the defendants filed written statement and submitted that a strip of land measuring 4'2" x 4'6" separated the properties of the plaintiffs and defendants, the description of them being adjoining was incorrect and the drainage and ventilators of the defendants' house towards the plaintiffs already was in existence for the past several years.;