NARAYANI DEVI Vs. PHOOL CHAND

JUDGEMENT

(1.) This is a plaintiff's second appeal.

(2.) On May 27, 1966 the plaintiff purchased a house from one Sita Ram through a registered sale deed. Immediately to the west of this house was a piece of land 39.6' long and 3.6' wide. The latrine of the house, which was constructed by Sita Ram in the year 1941, opened towards this piece of land and the sweeper used to clean the same by passing over this strip of land. A few days earlier, on May 16, 1966, Sita Ram sold this strip of land to the defendants. The case of the plaintiff was that the defendants had purchased the land lying to the west of this strip of land also and while building a house had started raising constructions on this strip of land as well with the result that the egress and ingress of the sweeper for the purpose of cleaning the latrine had been obstructed.

(3.) There was an earlier litigation between Sita Ram and the predecessor-in-interest of the defendants of the property lying to the west of the land in suit. In the suit filed by Sita Ram (Suit No. 257 of 1963), a compromise decree (Ex. 3) had been passed at the appellate stage providing for the keeping of this strip of land open for egress and ingress of the sweeper for cleaning the latrine. There is no dispute now between the parties about this fact.