Balbir Singh vs Jagir Singh on 24 August, 1993
23. The next question which weighed heavily before the Courts
below is as to whether the relief of injunction could be modified. Counsel for
the defendant has not disputed the settled proposition of law that in case, it is
found that the construction had been raised after filing of the suit, the relief
sought by the plaintiff could be modified and relief of mandatory injunction
could be allowed. Reference in this regard can also be made to Balbir Singh
Vs. Jagir Singh 1993(3) PLR 419 and Sadhu Singh and others Vs.
Thakardawara Bhagwan Narainji 2007(1) PLR 704. The first Appellate
SACHIN MEHTA
2015.11.03 12:25
Court has observed that when the local commissioner visited the spot, he
I attest to the accuracy and
authenticity of this document
HIGH COURT, CHANDIGARH
RSA-3938-2009 -12-
found that recent construction had been raised. The report of local
commissioner was placed on record as Ex.D4, which reads as follows:-