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G.S.AHLUWALIA
Kanta Bai – Appellant
Versus
Umashankar – Respondent
JUDGMENT :
1. This second appeal under Section 100 CPC has been filed against the judgment and decree dated 27/10/2016 passed by First Additional District Judge, Sironj, District Vidisha in Civil Appeal No. 1-A/2016, thereby affirming the judgment and decree dated 28/11/2015 passed by the Civil Judge, Class-I, Sironj, District Vidisha in Civil Suit No. 11-A/2015.
2. The necessary facts for disposal of the present appeal in short are that the plaintiff/appellant had filed a suit for declaration and permanent injunction as well as for removal of illegal construction. It is the case of the appellant that she had purchased two plots from Kallu Khan and Majeed Khan by registered sale deed dated 20/6/1996. The wall of the defendants was situated on the western side of one of her plot and after demolishing the said wall, the defendants have erected a window towards the plot of the plaintiff and when the son of the plaintiff objected to it, then the defendants assured that they would remove the same, however, the same was not done and accordingly, the son of the plaintiff served a notice on defendant no.1 on 23/1/2013. In spite of notice, the defendant continued with the construction and has
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