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2009 Supreme(HP) 1072

SURJIT SINGH
SWAROOP CHAND – Appellant
Versus
DEVINDER KUMAR – Respondent


Advocates Appeared:
For the Appellant :Mr. Sunil Mohan Goel, Advocate. For the Respondent: Mr. Harish Behl, Advcoate.

JUDGMENT

Surjit Singh, J.(Oral)-This Regular Second Appeal by the defendant is directed against the judgments and decrees of the two Courts below, whereby suit filed by respondent Devender Kumar, hereinafter referred to as plaintiff, has been decreed and appeal filed against the decree of the trial Court by appellant Swaroop Chand, hereinafter called defendant, has been dismissed, by the first Appellate Court.

2. Relevant facts may be noticed. Plaintiff Devender Kumar filed a suit for issuance of permanent prohibitory injunction restraining the defendant from obstructing, in any manner, the path leading to his house, standing on Khasra No.246, through Khasra Nos.233 and 244, situate in Mohal Khaliyar, Mandi Town. He also sought issuance of mandatory injunction directing the defendant to remove the obstruction already caused by him by raising a wall on a portion of the boundary of Khasra Nos.244 and 233.

3. Cause of action, as pleaded by the plaintiff, was that his grandmother was owner in possession of Khasra Nos.233, 244 and 246, aggregate area of which was 727.90 square metres. In the year 1972, vide deed Ext. PW1/B, she gifted Khasra No.246, measuring 412.12 square metres to th












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