GANGA SAHAI Vs. KHACHERU SINGH AND OTHERS

JUDGEMENT

(1.) This is an appeal by Defendant No. 1 and arises out of a suit for demolition and injunction. The land in dispute belongs to the defendants. On the western and eastern sides of the land in dispute are situate the houses of the plaintiffs. On the north and south of the land run public pathways. The main doors of this plaintiffs' houses open on these public pathways. The plaintiff have side doors opening on the land in suit. The plaintiffs alleged that they have acquired a prescriptive right of way over the land in suit and that the defendant have started making construction on this land and have obstructed the right of way. They claim demolition of the constructions and an injunction restraining the defendants from interfering with the 'plaintiffs' right of way on the land in suit.

(2.) The defence was that the plaintiffs had not acquired any right of way as their side doors were opened about 10 years prior to the suit; and that the plaintiffs had their egress and ingress over the public pathways through their main doors opening thereon.

(3.) Both the court below have held that the plaintiffs have perfected a prescriptive right of passage over the land in dispute; that the defendant No. 1 has, in fact, completely closed one door of the house of plaintiff No. 2; that though the defendants have left a passage 3 feet wide for the egress and ingress from the side doors of the plaintiffs' houses, that was in-sufficient. The plaintiffs have a general right of way including a right to carry funeral and marriage processions over the land in dispute, and, as such, a way 12 feet wide ought to have been left. On these findings, the suit has been decreed for demolition of construction so as to leave a 12 feet wide passage by the side of the plaintiff's houses.