Honble YADAV, J. – The present appeal has been filed against the judgment and decree dated 13.5.88 passed by learned Additional District Judge, Bikaner in Civil Suit No. 220/85 (Chhotu Lal vs. Chelo Devi and Ors.).

(2). The brief facts leading upto filing of the present appeal are that plaintiff-respondent No.3 Chhotu Lal filed a suit against Rugha Ram Luhar (father of the appellants) in the court of District Judge, Bikaner on 23.12.80 for mandatory and perpetual injunction. Plaintiff-respondent No. 3 alleged in his plaint that his house is situated at Alakhsagar Road and on the south a pacca road going from D.S., N.Rlys office to Kot Gate and one road from it goes towards the shop of Sunder Lal. It is also alleged that between the house of the plaintiff and both the roads, public chowk and land of public way is in existence. The plaintiff- respondent No.3 further alleged that the defendant No.1 has raised construction over the land of public utility which was being used as a public way in the vicinity of the plaintiff- respondent No.3s house by making a Kachaa hut marked with letters GJEF in the site plan. It is thereafter alleged that defendant had also encroached over the land of

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