M.L.Singhal, J.

1. Gram Panchayat of village Rai Peerbaxwala filed suit for mandatory injunction against Surain Singh son of Jiwan Singh of village Peerbaxwala directing the latter to remove wall/gate put up by him in streets shown red in the plan attached to the plaint at points A&B, C&D. Prayer was also made that he be directed to remove Khurli placed by him at point E in the said streets situated in village Rai Peerbaxwala which lead towards the phirni on the eastern side. It was also prayed that he be directed to restrain" himself from raising any construction in the said streets. It was alleged in the plaint that there are streets in the village as shown in the red in the plan joining the phirni on eastern side. Houses of Sarban, Gurnam Singh etc. adjoin the said street on the southern side and the houses of Jarnail Singh etc. adjoin the street on the northern side. Residents of mohalla Nanak Singh had been approaching the phirni through the said street. An application was moved by the residents of mohalla Nanak Singh on 27.8.1993 that defendant (Surain Singh) had closed the street by putting a gate on one of the streets of the eastern side shown as AB in the said plan