KALAWATI DEVI Vs. MALADHAR KUKRETI

JUDGEMENT

(1.) Having heard the learned counsel of either party and perusing the concurrent judgments of both the Court below, in addition to evidence lead, it is abundantly clear that when plaintiff Smt. Kalawati Devi purchased the plot from one Mr. Abdul Majid for construction of her house, admittedly, there was a thoroughfare towards north of that plot. Plaintiff constructed her house and began to use the main door towards north of her house.

(2.) It is also amply clear that towards the south of that purchased plot, the land was owned by Mr. Kashi Ram, who with the passage of time, sold the plots to some other person leaving the space in his land in order to make the passage for the persons, to whom, he sold the plot.

(3.) Incidental, the space, left for the passage, was in the south of plaintiff's house. Defendatns, after purchasing the plots from Mr. Kashi Ram, got constructed their respective houses and began to use that space as a passage to approach their houses.