Permanent and mandatory injunction
Querist :
Anonymous
(Querist) 19 September 2010
This query is : Resolved
One case of permanent and mandatory injuntion lies to remove a portion of dividing wall allegedly constructed subsequently between two houses. Plaintiff filed paper of the property which does not contain the length and bredth of the property and only has area of property. He purchased it in built form after 16 years since defendent purchased. Defendent took the defence that whole wall lies in his measurement and he has not consturcted the said portion of the wall but did renovation. However he also not filed any documentary evidence except some photographs showing unplastered wall and report made to local police to prove that whole walls falls in his area. No local commissioner was appointed to measure the said houses. Oral evidence from both side is of not much help. In such case what should be the fate of the case? what are the basic facts which plaintiff drequire to prove?
Raj Kumar Makkad
(Expert) 20 September 2010
Plaintiffs is the master of his case and he has o prove the contents of the plaint on the basis of strong documentary as well as oral evidence in which he has failed in the given matter so the suit is liable to be dismissed though the defendant has also become to prove the contents of written statement by of leading cogent evidence but plaint goes in the present set of circumstances because plaintiff is found failed to understand proper way,
