RAMKUMAR AGRAWAL Vs. VEER SINGH SONWANI

JUDGEMENT

(1.) This appeal was admitted for hearing on the following substantial question of law:-

(2.) This second appeal has been preferred by the appellant/plaintiff against the judgment and decree dtd. 8/2/2023 passed by the learned First Additional District Judge, Mahasamund, District Mahasamund (C.G.) in Civil Appeal No.15-A/2022 whereby the appeal preferred by the appellant/plaintiff under Sec. 96 of the Civil Procedure Code was dismissed and the judgment and decree dtd. 10/3/2022 passed by the learned Second Civil Judge Class-II, Mahasamund, District Mahasamund (C.G.) in Civil Suit No.23-A/2017 was affirmed.

(3.) The facts of the present case are that the appellant/plaintiff purchased a plot through a registered sale deed dtd. 1/6/1994 admeasuring 975 sq. ft. and the possession was also handed over to him. On the north side of the plot, there is a railway land; on the south side of the plot, there is a land of Manohar and others; on the east side of the plot, there is again a land of Manohar and others and on the west side of the plot, there is Kabirbada after 5 feet wide path. It is further pleaded that there are two exits in the said plot, one, on the north side of the plot and the second, on the east side of the plot. The adjacent plot of Manohar and others as detailed in the registered sale deed dtd. 1/6/1994 was being used as a Nistari plot by the appellant's family. There was a passage of 30 feet in the east direction and 30 feet in the west direction, likewise, a passage of 26 feet was available on the north side and 24 feet was available in the south direction. The boundaries of the Nistari plot are given below:-