MST. RAM JITTA AND OTHERS Vs. SAKTOO

JUDGEMENT

(1.) This appeal arises out of a suit instituted by Saktu against Mangu, now dead and represented by the Appellants, claiming that Mangu had obstructed a public road and there after a right of passage leading from the main public road to his house by erecting Nands and putting in pegs at various places shown in the site plan accompanying the plaint. The reliefs claimed were that a permanent injunction should be issued to the Defendant not to stop the passage of the Plaintiff and to dig up the Nands constructed by him and the pegs planted by him. It was also prayed that a nali which was said to have been altered in its direction should be ordered to be restored to its original position.

(2.) The Defendant pleaded that his hands and pegs had been existing for a long time at the place at which they were: that the house in respect of which the Plaintiff sought the right of passage had been constructed very recently and that the nali had always existed at the place where it was.

(3.) The learned Munsif framed four issues, the first of which was "Has the Plaintiff a right of prescriptive easement in respect of the alleged nali and the alleged Rasta in suit? If so, its effect." The trial court found that the Plaintiff's house in respect of which the right of way was sought was an old house: that the constructions were new and that the nali had also been diverted within recent times. An injunction was accordingly issued restraining the Defendant from interfering with the right of way, directing the cattle through and the pegs to be removed and directing the nali to be restored to its old position.