The demarcation report was not carried out in accordance with the law, leading to contradictory findings and a lack of opportunity for the defendants to prove their objections.

This judgment shall dispose of RSA Nos. 416 and 442 of 1999. The facts, in brief, are that K.R.Verma had filed a suit for permanent prohibitory injunction and mandatory injunction against Rajinder Singh vide plaint dated 15.12.1987. The plaint was amended and Para 7-A added, amended plaint dated 02.08.1988 was filed. The pleaded case of K.R.Verma is that he had purchased three storeyed building known as ‘Laxmi Ram Building’ along with land comprised in Khasra No.407/365/1/2/1/1, Village Majthai from its previous owner Laxmi Ram along with all rights, title and interest in the adjoining land vide sale document dated 02.02.1958 from Krishan Singh father of Rajinder Singh. It has been pleaded that since then K.R.Verma has been coming in possession of the land and building purchased by him.

2. The further case of K.R.Verma is that on the backside of the three storeyed building, there exists five feet wide retaining wall top of which is being used for passage by plaintiff through his predecessor for the last more than 30 years. The said retaining wall is in exclusive possession of the plaintiff for the last more than 30 years through his predecessor-in-interest Laxmi Ram. There is an open plot of land situated towards South of the said building of the plaintiff which open plot of land is also owned by the plaintiff.

3. On the East Southern side of the building of the plaintiff there is land of Rajinder Singh defendant, who had started illegal digging towards the land and property of the plaintiff. Rajinder Singh with the help of Arjun Dev Grover, Bimla Grover and others damaged part of the retaining wall. The plaintiff has obtained injunction order against Arjun Dev Grover and Bimla Grover, who had encroached part of the aforesaid plot of the plaintiff situated on the back of the building of the plaintiff. Rajinder Singh has not stopped illegal interference and digging despite repeated requests. Rajinder Singh is threatening to raise construction on his adjoining land in violation of mandatory provisions of Town and Country Planning Act.

4. The defendant is liable to be ordered to restore the entire part of the retaining wall which has been illegally damaged by him. The plaintiff has acquired right of support to plinth protection retaining wall running parallel to the basement floor from the adjoining land since the year 1958. The plaintiff is owner in possession of retaining wall and entire open land adjoining to East Southern side of the said building of the plaintiff as per document dated 02.02.1958. All rights, title and interest of any person with regard to said land have been extinguished and same have been vested in the plaintiff.

5. The defendant has illegally encroached upon the land of the plaintiff during the pendency of the suit. He has raised illegal construction of one room despite service of injunction order dated 17.12.1987. The construction was made during the pendency of the suit. The defendant is liable to be directed by issuance of mandatory injunction to remove the same. The defendant has no right, title and interest to raise construction over the land and property of plaintiff.

6. The suit was contested by Rajinder Singh by filing written statement dated 17.11.1988. He took preliminary objections of maintainability, plaintiff has not approached the Court with clean hands, estoppel, plaintiff wants to grab the land of the defendant and his other co-sharers, want of cause of action, plaintiff has no existing right, title and interest over the land of defendant, the suit lacks material particulars. On merits, it has been stated that plaintiff had purchased only 3 biswas of land comprised in Khasra No.407/365/1/2/1/1 mauza Majthai.

7. The plaintiff has no concern with any land on the spot except land measuring 3 biswas comprised in Khasra No.407/365/1/2/1/1. Laxmi Ram had purchased 5 biswas land from Daya Nand. Laxmi Ram had sold 3 biswas to plaintiff and remaining 2 biswas to Bimla Grover in the year 1985