RATAN KHANNA Vs. MORADABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is plaintiffs' second appeal filed under Section 100 CPC against the judgment and decree dated 30.11.2013 passed by Additional District Judge, Court No. 6, Moradabad, whereby Civil Appeal No. 37 of 2012 filed by the appellant-appellants was dismissed affirming the judgment and decree dated 9.11.2011 passed by Additional Civil Judge (Senior Division)/Judge Small Causes Court, Moradabad in Original Suit No. 1626 of 1994 (Ratan Khanna and others Vs. Moradabad Development Authority), whereby the suit filed by the plaintiff-appellants was dismissed.

(2.) Brief facts of the case are that plaintiffs-Ratan Khanna, Prem Khanna and Ram Nath Katyal filed a suit against the Moradabad Development Authority for grant of permanent injunction restraining the defendant not to make encroachment over the land of passage (raasta) situated towards southern side and also close the open doors shown by letter G, H, I. As per the plaint averments, plaintiff-1 Ratan Khanna and plaintiff-2 Prem Khanna purchased the disputed land situated in village Majholi, District Moradabad in the year 1971 and 1979 through an agreement to sell from Smt. Savitri Kaire and thereafter they became the owner and in possession over the said property mentioned in Schedule A of the plaint. There is 20 feet wide common passage from very beginning. Plaintiff-1 and 2 constructed a boundary wall shown by letters A, B, C and D and open door towards southern side, which has been shown by letters G, H and I in the plaint map. Plaintiff-2 sold some part of the land shown by letters A, D, E, F from the land shown by letters A, B, C, D to the plaintiff-3 Ram Nath.

(3.) Subsequently, plaintiff-3 also purchased the said land in the name and style of M/s Poonam Enterprises, showing himself to be a partner and opened a factory which is running since 12.11.1992. It is further averred in the plaint that there is no alternative way (raasta) except the way shown towards southern side, which is 20 feet wide since 1971. The land of gata no. 213 was acquired by the State Government for the defendant-Moradabad Development Authority but the land having area of 0.21 acre of the said gata no. 213 was left from acquisition and therefore Smt. Savitri Kaire remained the owner of 0.21 acre of land of gata no. 213 and the plaintiff-appellants have obtained the right to use the said land as way (raasta) from her.