LODHA, J—This is a defendants second appeal arising out of a suit filed by the plaintiff-respondent for mandatory injunction for removal of a tea stall and other obstructions placed by the defendants in the verandah and the foot-path in front of the two shops of the defendants situated near Hope Circus in the town of Alwar and also for permanent injunction restraining the defendants from making any encroachment in future in the verandah as well as on the foot-path.

2. The plaintiff owns two shops with a verandah near the Sabzi Mandi, Hope Circus, in the town of Alwar. Contiguous to the plaintiffs shops are the two shops with a verandah occupied by the appellants. The shops occupied by the defendants belong to Girraj Prasad, but have been taken on rent by the defendants, who carry on the business of preparing tea, sweets etc. in these shops. The plaintiffs case is that the defendants have unlawfully encroached upon the foot path described as a patri by placing a tea stall thereon and also tables, chairs, etc. on it, and have also obstructed the passage in the verandah as a result of which the plaintiffs right to access and frontage has been violated and a serious and substantial dama

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