LAWS(KAR)-1978-3-27

MAMTAJ BEGUM Vs. MOHAMMAD HASSAN ISSOOR

Decided On March 09, 1978
MAMTAJ BEGUM Appellant
V/S
MOHAMMAD HASSAN ISSOOR Respondents

JUDGEMENT

(1.) This appeal by the defendants raises a short but interesting question as to the scope of the right of passage reserved to the plaintiffs under the agreement Ext.P1 dated 6th June, 1961.

(2.) Under the agreement entered into between the plaintiffs 1 to 3 and defendant-1 with some others, a pathway of 7 feet wide was exclusively reserved for the passage of ' men and cattle also' 'Jama Januviru Saha'. The pathway is an access to the plaintiffs' house from the near by public road. The pathway wag also meant for the flow of rain water.

(3.) When the plaintiffs starts takingCarts and other vehicles, the defendants objected by stating that 'the passage was meant only for cattle and men and not for carts or cars. The defendants also removed one of the stone slabs over the drain causing inconvenience to the plaintiffs. The plaintiffs therefore brought a suit for permanent injunction to restrain the defendants from obstructing their right of way to vehicular traffic and also mandatory injunction to restore the slabs. The trial Court decreed the suit. The appellate Court affirmed the decree with a slight modification. Both the Courts have proceeded on the assumption that, the words " Jana Januvaru Saha" mean in addition to men and cattle, the vehicle also, as the word "Saha" means "also". Hence, the defendants have appealed to this Court.