CHANDRABHAN Vs. SHYAM LAL

JUDGEMENT

(1.) THIS is a plaintiffs' second -Appeal arising out of suit for injunction restraining the Defendants from interfering with the alleged right of plaintiffs to pass through a passage marked by the letters Ta, Tha, Da and Dha. The plaintiffs set up a case that they had prescribed title as an easementary right to pass through the aforesaid passage which incidentally is in front of the Defendants' house.

(2.) THE suit was contested by the Defendants -Respondents alleging that the disputed land over which the plaintiffs were claiming right of passage was their 'Baithaka' and the same had vested in them under Section 9 of the U.P. Zamindari Abolition and Land Reforms Act. The Defendants denied that the plaintiffs were passing through the land in dispute, the passage marked by the aforesaid letters.

(3.) AGGRIEVED by the aforesaid decree the Defendants preferred an appeal which was allowed by the Additional District Judge. The learned Additional District Judge recorded two findings: One, that the disputed land is appurtenant to the plaintiff's, house and has, therefore, vested in them under Section 9 of the U.P. Act No. 1 of 1951, and second, that the finding that the plaintiffs have failed to establish that they were using the land in dispute as a passage for their bullock cart etc. or their cattle. In the premise, the appeal was allowed and the suit of the plaintiff -Respondents' was dismissed.