DHANANJAN BISEN Vs. DEVI BAI

JUDGEMENT

(1.) This is defendant's second appeal under Section 100, C.P.C. Arguments on the question of admission heard.

(2.) The dispute is in respect of eight feet wide passage on the western side of the houses belonging to the plaintiffs as shown in the map annexed to the plaint and also in the map Ex. P-8. It is admitted that Ramchand was originally the owner of the land and he sold plots to different persons. Ex. P-3 is certified copy of registered sale deed dated 22-2-1956 executed by Ramchand in favour of Motilal. In this sale deed it is mentioned (vernacular matter omitted). The plaintiffs are the successors-in-title of Motilal. Ramchand sold the land on the western side of the plot of Motilal to the defendant's father by registered sale deed dated 2-12-1957 (Ex. D-3) including the land on which right of way was granted to Motilal.

(3.) The trial Court after considering the documentary and oral evidence of both the sides held in para 9 of its judgment that Ramchand had granted right of way to Motilal on eight feet wide land but this was a licence given to Motilal and it stood revoked when Ramchand sold that land to the father of the defendant. The first appellate Court disagreeing with this view held that the transferee of Ramchand is also bound by the grant of passage to Motilal and that would enure to the benefit of the successive transferees of Motilal.