GURUPADAGOUDA SHIVANAGOUDA PATIL Vs. BASAVANNEPPA MARTANDAPPA PUJAR

JUDGEMENT

(1.) This second appeal is by defendants in L.C. Suit No. 4 of 1958 on the file of the Munsiff, Kundgol and is directed against the judgment and decree dated 31-7-1976 passed by the Civil Judge, Hubli in CA. No. 30 of 1965 on his file.

(2.) Plaintiff instituted a suit averring in the plaint that the defendants were disturbing his passession of the suit survey number by taking their carts and moving about at the trench marked as 'ABCD' in the suit sketch. He further asserted that they had also damaged the bund at the place shown as 'AB' for which he claimed damages of Rs.100. He also sought for permanent injunction against the defendants from disturbing his possession by making use of the trench 'ABCD' as a cart way and foot path.

(3.) The defendants have resisted the suit stating that 'ABCD' way was not a trench but that it was a regular cart road and that the same was used by them as easement of necessity and alternatively they had perfected that right of user by prescription since they are openly, peaceably and continuously using the way in their own right for more than 20 years before two years prior to the institution of the suit.