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2022 Supreme(P&H) 800

ALKA SARIN
Murti Shri Vishnu Avtar Baba Ram Dev – Appellant
Versus
Baljit Singh – Respondent


Advocates:
Mr. Hargobinder Gill, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. - The present regular second appeal has been preferred by the plaintiff-appellants against the judgement and decree of the lower Appellate Court whereby their suit for possession and mandatory injunction has been dismissed. The Trial Court had decreed the suit in favour of the plaintiff- appellants.

2. The plaintiff-appellants filed a suit for possession of the suit property marked as ABCDEF in the site plan shown in red colour from the defendant-respondents on the grounds that the suit property was the ownership of the plaintiff-appellant No.1 and in the mid of 2012 the defendant-respondents had illegally encroached upon the suit property and had raised construction of toilet, khurli, shed and installed a toka machine forcibly and illegally. In the suit the possession of the suit property was sought from the defendant-respondents along with the relief of mandatory injunction directing them to demolish the khurli, toilet, temporary shed and remove the toka machine.

3. In their written statement the defendant-respondents denied the title of the plaintiff-appellants over the suit property and prayer was made for dismissal of the suit. It was also contended that t

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