RAJABAI Vs. NANDLAL

JUDGEMENT

(1.) This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 14.5.2018 passed by District Judge, Datia in Civil Appeal No.43/2017 arising out of judgment and decree dated 21.11.2017 passed by First Civil Judge Class-I, Datia in Civil Suit No.124-A/2015 by which the suit filed by the appellants for grant of permanent injunction has been dismissed.

(2.) The necessary facts for disposal of the present appeal in short are that the appellants filed a suit for permanent injunction on the ground that a colony was developed by Arun Kumar Khare and Rajendra Kumar Khare and by registered sale deed dated 13.5.1982, the appellants had purchased their plot and on the eastern and western side of the said plot, 30 feet wide road was shown in the map annexed with sale deed. In the present case, the public road on the eastern side of the plot of the appellants is in dispute.

(3.) It is the case of the appellants that Arun Kumar Khare and Rajendra Kumar Khare were the sole owner and were in possession of the land which was bifurcated in different plots and were sold to various persons including the appellants. In the sale deed dated 13.5.1982 executed in favour of the appellants, a 30 feet wide road was shown on the eastern side of the plot. The appellants after purchasing the plot, got their names mutated as well as the land was diverted and after obtaining permission from Nazool Department, the houses were constructed. Since the public road is situated on the western as well as eastern side of the house, therefore, the doors were opened in both the directions. It is the case of the appellants that after the 30 feet wide road, the land of respondent No.1 is situated.