DEVENDRA KUMAR AGNIHOTRI Vs. RAJEEV BHARTI AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the appellant at the admission stage.

(2.) THIS is plaintiff's second appeal arising out of O.S. No.586 of 1992, which was dismissed on 16.07.2004 by Civil Judge, Junior Division, Shahjahanpur. Against the said decree plaintiff appellant filed Civil Appeal No.40 of 2004, which was dismissed on 25.08.2010 by A.D.J. Court No.3, Shahjahanpur, hence this second appeal.

(3.) THE courts below held that plaintiffs completely failed to prove easementary right. It was further held that on the one hand ownership right was being claimed and on the other hand easementary right was being claimed which were not compatible as easementary right can accrue only on the property of the others. It was further held that easementary right could not be gifted by constituting a trust.