RSA No.3554 of 2011

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA No.3554 of 2011

Date of Decision: February 02, 2012

Mohinder Singh

.......Appellant

Versus

Surmukh Singh and others

.......Respondents

CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA

Present:

Mr.Puran Singh Rana, Advocate for the appellant.

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TEJINDER SINGH DHINDSA, J.

The defendant-appellant is in second appeal before this Court.

2.

Briefly stated, the plaintiff-respondents instituted a suit for

mandatory injunction directing the defendant to remove the roof put on

street 'S-S1' and 'Y-Y1' whereby he had connected the first floors of his

houses and thereby covered the public street. It was pleaded that the

defendant had got four houses and these houses were corner houses in the

intersection of two streets running from East to West and the other running

from North to South. The defendant had covered the street by constructing

roof in such a manner that the roof of all his houses was interconnected. As

per site plan produced on the file as Exhibit P1, it was shown that the house

of plaintiff, Lal Singh, is adjacent to one of the houses of the defendant and

the house of plai