Permanent Injunction–Suit for–Decreed by the First Appellate Court–Justification–First Appellate Court recorded the findings of facts on the basis of surmise and conjectures instead of relying upon the substantive evidence available on record–Admitted case of plaintiffs that there is 20 feet wide space in front of Dharmshala and then 30 feet road–Open space of 20 feet was allotted to Dharamshala–This allotment was never challenged–Despite of this fact, the first appellate Court accepted width of the common chowk and public road 55 feet–Land allotted to defendants is situated after leaving the 30 feet wide road–Patta was issued by the Gram Panchayat after following the due process of law–Further, the simpliciter suit for permanent injunction without declaration was wrongly decreed–First Appellate Court was swayed with the religious sentiments–Plaintiffs failed to prove the width of road and public chowk 55 feet–Impugned findings cannot be sustained.
