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Satya Narayan & Ors. vs. Modi Ram & Ors.

52.00 5.20

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Permanent Injunction–Suit for–Claim of the plaintiffs that three feet wide gali was existed between the houses of the parties–Trial Court awarded the compensation of Rs. 2,000/- with the view that the defendants have completed the construction over the gali–In the first appeal, First Appellate Court directed the defendants to remove the encroachment–Plaintiffs had established the existence of gali on the date of filing the suit–Merely construction of a wall does not entitle the defendants to claim possession over the land–Any illegal construction of a wall without there being a roof on land which is a part of gali between the houses of plaintiffs and defendants cannot be considered as the exclusive possession of the defendants–Findings of First Appellate Court deserve to be affirmed.