SAMUEL Vs. NUZHATH SAMI

JUDGEMENT

(1.) The un-successful second defendant who lost the case before both the Courts below has come forward with this second appeal.

(2.) The sum and substance of the plaint averments are as follows: The suit schedule properties originally belonged to one Zubaida Begum and she executed a sale deed dated 14.05.1964 in favour of one K.Rabia Bi along with the right to use the common passage of 4 feet wide to the North of the land and to use the road to be formed on the Eastern side of the land and to provide one door way on the side of the said road, whenever the purchaser constructs on the land. Subsequently, on the Eastern side of the suit property a 6 feet road was formed by the plaintiff's predecessor in the year 1965 and a door way was also put up on the Eastern side and she was using the common passage of an extent of 32 x 6 feet on the Eastern side for her ingress and egress.

(3.) The plaintiff further avers that the legal heirs of the said Rabia Bi sold the suit schedule properties to the plaintiff by way of a registered sale deed dated 004.1997 along with the right to use the said common passage on the Eastern side of the property and from the date of purchase, the plaintiff is in peaceful possession and enjoyment of the said property along with the common passage on the Eastern side of the property. After purchase, the plaintiff divided the suit schedule property into two houses, in which, the Eastern portion of the property has no other alternative access to the road, except through the common passage.