This is an appeal by the first defendant in the trial Court, in a suit by two plaintiffs, for a declaration that the property encroached upon by the first defendant was part of a public street vesting in the second defendant Panchayat Board, and for a mandatory injunction, directing the removal of this obstruction. Very briefly stated, the first defendant (appellant) resisted this action on the following grounds. He claimed that he had put up the masonry constructions only within the limits of his own property. Alternatively, he claimed that if there was an encroachment, a licence could be granted to him by the officers of the Panchayat Board, and that the new construction did not cause any inconvenience to the public or hindrance to traffic ; in this view, the plaintiffs had no right to file the suit.

Both the Courts below, found upon the merits, that the property in respect of which the suit was filed was undoubtedly part of the public street, and not within the limits of the private property of the appellant. Both the Courts also found that the encroachment was a masonry construction which was liable to be removed, as it narrowed the street, was an unjustified encroach