Bant Singh filed a suit against Makhan Singh, Ghuman Singh, Gurcharan Singh and Marru Singh seeking to restrain them from installing any water pipe or any pipe in the land comprised in Khasra No.318 which was in his ownership and possession. The suit was resisted by the respondents who pleaded that the pipe is outside the khasra number of the appellant. Makhan Singh, who was one of the defendants in the aforesaid suit filed by the appellant, filed a separate suit against Sardara Singh and others wherein the appellant was arrayed as defendant No.4. The suit of the appellant was dismissed by both the courts below while the suit filed by Makhan Singh was dismissed by the learned trial court but in appeal filed by him the findings were reversed. In the suit filed by respondent Makhan Singh he had pleaded that the defendants therein be restrained from encroaching upon the street A to B by blocking the same which leads from northern to southern side of village Hamjhari and blocking the way going from point M to N shown in the site plan attached to the plaint. The suit was also resisted by the appellant on similar grounds which were averred in this suit. The factum of existence of street was, however, not denied. Both the suits were consolidated and disposed of together.
