BACHCHA AND OTHERS Vs. LALLU AND OTHERS

JUDGEMENT

(1.) This is a defendants appeal against the judgment and decree-dated 22-9-1969 passed by II Temporary Civil Judge, Banda in civil appeal No. 28 of 1967 judgment and decree dated 12-1-1967 passed by Additional Munsif, Banda, in Original Suit No. 41 of 1965.

(2.) The matter involved is of a petty; nature. In the commissioners map 10 Kha the disputed door of the appellants house has been shown by letter "R". There is a Parchhati to the north of this door. To the north and east of this Parchhati, there is Sehan land of the respondents. To the north-east of the Sehan land there is house of the respondents. All this property' has been shown by red lines. The house property of the appellants has been, shown by blue lines. The case of the respondent was that their parchhati exists since a long time and that the appellants had opened a new door "R" in their wall with the intention of passing through their parchhati and Sehan Land. Therefore, the respondents claimed mandatory as well as preventive injunctions. A commission was issued ex parte on the 3rd day of the filing of the suit. The appellants case was that their door "R" exists since a long time and that the respondents had forcibly made Parchhati a few months before the filing of the suit. The suit was filed on 31st Jan., 1965. Parties led oral evidence in the case. The respondents also examined the Vakil Commissioner who visited the spot on 2-2-1965. On an appraisal of the evidence of the parties witnesses including the statement on oath of the commissioner, both the courts below found that the case of the respondents was true, and the case of the appellants was not true. Therefore, the reliefs claimed by the respondents were allowed.

(3.) The learned counsel for the appellants raised only two legal points.