PREM LAL YADAV Vs. RAJENDRA PRASAD CHANDRAVANSI

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff are as under:-

(2.) The plaintiff herein filed a suit claiming the right of easement over the passage on Khasra Nos.1095/13 and 1095/31 situated at village Mangla, Tahsil and District Bilaspur and also sought decree for injunction by removing obstruction i.e. boundary wall constructed by defendant No.1 and iron gate to obstruct the passage of the plaintiff. The plaintiff also sought relief for recovery of possession of 2x49 feet encroached by defendant No.1 by constructing boundary wall on the said khasra numbers.

(3.) Resisting the suit, defendant No.1 filed his written statement and denied the averments made in the plaint stating inter-alia that the plaintiff is not entitled for right of easement as claimed and he has not encroached upon the plaintiff's land and as such, the suit as framed and filed deserves to be dismissed.