Regular Second Appeal No. 3115 of 2008 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Regular Second Appeal No. 3115 of 2008
Date of Decision: 31.1.2009
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Ramesh Kumar
.. Appellant
VS.
Laxmi Rani
.. Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR,
Present:- Mr. N.S. Shekhawat, Advocate
for the appellant.
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ARVIND KUMAR, J.
The appellant was arrayed as defendant No.1 in the suit for
mandatory and permanent injunction filed by the plaintiff-respondent No.1.
He is impugning the judgments and decrees dated 26.11.2007 and 7.5.2008
passed by the learned trial court as well as learned first appellate court
below whereby he has been directed to remove the illegal encroachment.
I have heard learned counsel for the appellant and have gone
through the paper-book carefully.
A perusal of the impugned judgments reveals that in an earlier
round of litigation, the appellant, in his pleadings, did not mention anything
about the latrine as part of his house. Both the Courts below, on the strength
of evidence produced by the plaintiff, concurrently held that the Chabutra in
question, over which the appellant raised illegal construction by erecting a
latrine, that too in front of the door of the house of the plaintiff-respondent,
is a common property of the parties and the appellant has no right to make
encroachment thereupon. In the facts and circumstances of the case, it
cannot be said that the approach of the Courts below in ordering the
appellant to remove the encroachment from the common property is either
illegal or perverse. Nothing has been shown to take a contrary view than
Regular Second Appeal No. 3115 of 2008 2
that of concurrent findings recorded by the Courts below. No substantial
question of law, which is sine qua non for admission of appeal is made out.
The appeal is wholly without merits and the same is accordingly dismissed
in limine.
(ARVIND KUMAR)
JUDGE
January 31,2009
Jiten