1979 Supreme(All) 123
DEOKI NANDAN
RAM SHANKER – Appellant
Versus
MAHATMA GANDHI H S SCHOOL – Respondent
Advocates Appeared:
Bashir Ahmed,
This a plaintiffs second Appeal in a suit for demolition of wall shown by letters B C and foundations shown by letters CD, DF, FJ, EM, and any other constructions which the defendants may make during the pendency of the suit and for possession over the land underneath, shaded yellow on the plaint map and on which the defendants may be found to be in possession. The suit was decreed by the trial court but was dismissed by the lower appellate court. The plaintiffs case was that he owned a plot in the nature of Chakki Khana, shaded blue on the plaint map, and the land shaded red and yellow was appurtenant thereto; that he had been the owner in possession thereof for the last 27 or 28 years; that the defendants had no concern with the land but they constructed a wall AB adjacent to the plaintiffs Chakki Khanna which obstructed the passage from the Chakki Khanna to the house shown by the letter Z at the back of the Chakki Khanna which passage was in existence for more than 20 years and was being used as such by the plaintiff continuously as of right and without any obstruction; that the defendants had encroached upon a part of land appurtenant to the plaintiffs Chakki Khanna the area of
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