HIMMATLAL PATEL Vs. NEETA BEN

JUDGEMENT

(1.) Proceedings of this matter have been taken-up for final hearing through video conferencing.

(2.) This second appeal preferred by the defendants was admitted for hearing by order dated 10-7-2020 and substantial question of law has been formulated for determination which has been slightly modified by order dated 4-8-2020 as under: -

(3.) Dispute between the parties relates to 15 ft. land crossing the defendants' suit land and opening into G.E. Road, Rajnandgaon from the plaintiffs' land. Land bearing Khasra Nos.294/6, 294/16 & 294/17 was sold by Kanji Bhai Patel vide sale deeds dated 21-3-1985 (Ex.D-1), 2-11-1987 (Ex.P-6) and 31-1-1989 (Ex.D-2) in favour of Karamsi Bhai Patel and after death of Karamsi Bhai Patel, his son Narendra Kumar Patel transferred the aforesaid three pieces of land vide Ex.P-7 to the plaintiffs on 23-8-2002. The plaintiffs, thereafter, on 25-10-2004 filed civil suit for permanent injunction simpliciter stating that they have purchased the suit land vide Ex.P-7 from Narendra Kumar Patel and in the said sale deed, it has been mentioned that there is a way / road of 15 ft. from their purchased land crossing the defendants' land and opening into G.E. Road, Rajnandgaon and it was also mentioned that in the sale deeds Exs.D-1, P-6 & D-2 by which the said lands were transferred by Kanji Bhai Patel in favour of Karamsi Bhai Patel, 15 ft. road has been mentioned, thus, the plaintiffs have acquired right to use the said 15 ft. road after having purchased the land vide Ex.P-7 and they are entitled to use the said land of 15 ft. road for reaching to G.E. Road, Rajnandgaon which the defendants are not allowing and obstructing them from using the said suit way, and they have acquired easementary right and therefore decree for declaration of permanent injunction be granted in their favour and as such, the suit was based on claiming easementary right of way of land over the suit land.