JUDGMENT

1. This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following substantial question of law:

''Whether both the Courts below have erred in considering demarcation report (Ex.D.4) and in not considering sale deeds (Ex.P.2, Ex.P.11, Ex.P.13 and Ex.D.5) in its proper perspective while holding, the plaintiff failed to prove existence of public road and thereby dismissing the plaintiff''s suit?''

(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the suit before the trial Court.)

2. The plaintiff filed suit only for mandatory injunction under Section 39 of the Specific Relief Act, 1963 stating inter alia that she has purchased the land from one Sardar Harbhajan Singh on 172 1983 and constructed a house admeasuring 30 ft. x 44 ft. shown in the map attached with the plaint as A, B, C, D and on northern side of her house, there is 10 ft. public road shown as Ka, Kha, Ga, Da and on that side, plot of the defendant is also situated. It was further pleaded that on 153 1999, the defendant has started construction on public road and has also collected stones, muroom , etc., and as such, t