KANHAIYA LAL Vs. SHANTI DEVI

JUDGEMENT

(1.) This is a defendant's appeal. It arises out of suit filed by the respondent for possession over a piece of land ad measuring 2 feet wide lane shown in the plaint map and ejectment of the defendants and demolition of wall raised by them.

(2.) The suit was instituted on the allegation that the plaintiff purchased a house detailed in the plaint map by letters A.B.E.F.G.C.D. situated in Mohalla Baqar Ganj (Banda). The said house originally belonged to Smt. Rajjo widow of Khyali and Bhauna son of Khyali. These two persons sold a house by means of sale deed dated 10th November, 1965, to one Booti Lal, who sold it to the plaintiff by means of sale deed dated 3rd April, 1968. The suit was filed with the allegations that the disputed piece of land belongs to the plaintiff. Easementary right over a said piece of land was also claimed by way of passage to take water from a well and also for the passage of sweepers.

(3.) The suit was contested by the defendant/appellants by denying the title of the plaintiff over the land in question. The easementary right was also denied.