NOORUDDIN Vs. CHAUDHARY NAUBAT SINGH

JUDGEMENT

(1.) This is a letters patent appeal from the order of a learned single judge dated March 3, 1972.

(2.) These are the facts. On May 13, 1964, Chaudhary Naubat Singh, the plaintiff (the present respondent) instituted a suit for a declaration and injunction against five persons. These were : (1) Allahwala Arhti, (2) Noor Uddin son of Allahwala, (3) Ziauddin son of Allahwala, (4) Mohd. Muslim, and (5) Shri Kantoo. In the plaint the plaintiff alleged that the defendants were tenants of two shops near his shop and that they were obstructing his vehicles and carts from carrying goods and vegetables to his shop. He claimed a declaration that he, his servants, his carts and vehicles had a right to use the passage for going to the shop as an easement of necessity. He claimed a mandatory injunction directing the defendants to remove stone blocks which they had placed to create obstruction in the free movement and passage to the shop of the plaintiff. He also asked for a permanent injunction restraining the defendants from obstructing him in the use of the passage. The portion which was claimed as an easement of a necessity was shown in the plan.

(3.) The suit was tried. The trial court dismissed the suit. On appeal the senior subordinate judge declared that the plaintiff shall have a 10 feet wide passage which he demarcated in the plan for passing and repassing. From his decision a second appeal was filed in this court.