RAM SUMARNI Vs. BENI RAM

JUDGEMENT

(1.) THIS is a defendant's second appeal. The plaintiff respondent filed a suit for demolition of the constructions made by the defendant on the land alleged to be rasta shown by letters Ka, Kha, Ga and Gha in the plaint map and for a permanent injunction restraining the defendant from interfering with the plaintiff's user over the land Ka, Kha, Ga and Gha as rasta and further restraining the defendant from making any construction on this land

(2.) THE suit was contested by the defendant-appellant on the ground that no rasta of the plaintiff has been existing towards north of his house, that the wall of the defendant is old, that the plaintiff has not been using the same as rasta and that the rasta of the plaintiff is towards east of his house and the suit of the plaintiff is liable to be dismissed with costs. After allowing the parties to lead evidence, the learned Munsif dismissed the plaintiff's suit and held that the plaintiff has failed to prove that a 3 feet pucca rasta has been existing over the land Ka, Kha, Ga and Gha towards north of the plaintiff's house. THE learned Munsif further held that the plaintiff has failed to prove that he acquired any casementary right or other legal right to pass through the alleged rasta in dispute for egress and ingress from his bouse. Ultimately the learned Munsif held that the plaintiff has not been able to prove that he has any title by ownership or adverse possession for more than 12 years over the land Ka, Kha, Ga and Gha and has also failed to establish bis right to use the land Ka, Kha, Ga and Gha as rasta. As such the plaintiff is not entitled to any relief either for demolishing the wall or for any injunction against the defendant.

(3.) ON the basis of the aforesaid finding, the lower appellate court held ;- "The defendant shall be compelled to leave 4 ft Rasta in terms of sanction order dated 20-7-1970 although the plaintiff has not prayed for the same. It may be noted that this will be done in dis-charge of court's duty to enforce statutory orders coming to its notice."