SARNU Vs. FAGANIA

JUDGEMENT

(1.) This appeal, preferred under Section 96 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 9.5.1988, passed in Original Suit No. 8 of 1986, by the learned District Judge, Tehri Garhwal, whereby said suit is decreed with costs for perpetual injunction against the defendants (appellants) restraining them from creating any obstruction over land in dispute against the right of plaintiffs (respondents) to use it as a pathway. The trial court has further decreed the suit for Rs. 3,000 as damages.

(2.) HEARD learned Counsel for the parties and perused the entire record.

(3.) DEFENDANTS No. 1 and 2 contested the suit and filed the written statement denying the easementary rights claimed by the plaintiffs. It is pleaded in the written statement that the plaintiffs have a separate way to reach to their plots. It is further pleaded in the written statement that the plaintiffs forcibly want to use the defendants' plot No. 1356, as a pathway to reach their fields. As to the proceedings under Section 147, Cr. P.C, the allegations contained in the plaint are admitted by the answering defendants.