RAM BHAROSE LAL Vs. TULA RAM

JUDGEMENT

(1.) THE dispute involved in this second appeal is about an 'Abchak' (small piece of land used for flowing water) and a 9 ft. wide 'Rasta'.

(2.) THE plaintiff/appellants herein i.e. Ram Bharose Lal and Ram Autar instituted a suit for possession and permanent injunction in respect of the above disputed properties. The basis of the suit happens to be a sale deed dated 3.9.59 which was executed by Kunwar Hari Raj Singh transferring some land in their favour. The defendant/respondents contested the suit denying the title of the plaintiff/appellants over the aforesaid properties and at the same time claiming easementary right by prescription over the 'Rasta'. The suit was dismissed by the Court of first instance and the appeal of the plaintiff/appellants also met the same fate. Thus having lost from both the Courts below they have preferred this second appeal.

(3.) THE appeal was admitted vide order dated 15.10.1976 and a substantial question of law was framed on 31.3.2008 which is as under :