B BOMMEGOWDA Vs. K H RAMALINGEGOWDA

JUDGEMENT

(1.) After arguing for some time, the learned Counsel appearing for the respondents defendants submit that, liberty be given to the respondents defendants to file a suit for declaration of his easementary right and consequential relief of permanent injunction.

(2.) Appellant is the plaintiff. He has filed a suit for permanent injunction restraining the defendants from interfering with the suit schedule property. The defendants set up a claim that, they have got easementary right to use the 20 feet road on the land of the appellant on the southern side and it is stated that, the land of the appellant as well as the defendants belongs to the common vendor and in view of the division, the defendants have got easementary right of way through the land of the plaintiff.

(3.) Admittedly, the defendants have neither set up a counter-claim nor have filed a suit for declaration to declare that, they have got easementary right over the suit schedule property. There is no dispute that the plaintiff is the owner of the suit schedule property. If the defendants want to claim a right of way through the land of the plaintiff, they are required to establish their right. There is no counter-claim nor defendants have filed any suit for declaration. I find to the extent that the defendants have got easementary right is concern, there is no suit or counter-claim. The Trial Court should have confined the issue as regard to the grant of decree for permanent injunction and not beyond this issue.