SUKHBIR SINGH Vs. RAM SINGH

JUDGEMENT

(1.) The present appeal has impugned the judgment and decree dated 04.10.2001 which had endorsed the finding of the Trial Judge dated 01.09.1987 whereby the suit of the plaintiff, Sh. Sukhbir Singh, had been dismissed.

(2.) The plaintiffs (three in number) had filed a suit against the defendants for permanent injunction. Plaintiff no. 1 was stated to be the owner in possession of the property no.WZ-820-A, plaintiff no.2 was the owner in possession of the property no.WZ- 820-B and plaintiff no.3 was the owner in possession of the property no. 820-C located on the slopes of the pahar (rock) in the abadi of village Naraina Delhi. The said properties had been depicted in green, blue and yellow colour in the plan attached with the plaint.

(3.) The only approach to their properties was through this street; they have an unrestricted right to use the street which had been depicted in red colour in the site plan. This is a public street. In the alternate, if it was found that this street is not public street, the plaintiffs are co-owners in use and in possession of this easementary right/right of way as this is the only mode of access to their houses. Defendants have adopted an aggressive attitude and have threatened to prevent the plaintiffs from using this street; the plaintiffs are prevented from laying their pipes for the purposes of municipal water and electricity. In spite of requests, defendants have not heeded. Suit was accordingly filed.