MANGILAL Vs. KANWARLAL

JUDGEMENT

(1.) THIS is a 2nd Appeal, preferred by appellants -defendants, under section 100 CPC being aggrieved against the Judgment and decree dated 11.7.1983, passed by Additional District Judge, Shajapur, in Civil Regular Appeal No. 8A/83, whereby reversed the Judgment and decree dated 28.10.1983, passed by Civil Judge, Class -II, Sarangpur, in Civil Suit No. 2 -A/81.

(2.) THIS appeal was admitted on the following substantial question of law :

(3.) IT was submitted by the plaintiff in the suit that he owned a house at village Nehal, tehsil Sarangpur. This disputed house is having two doors; one is towards the Eastern side, which is being used by the appellants -defendants and the other is towards the Northern side and the same is being used by the plaintiff since last many years. The suit was contested and ultimately vide Judgment and decree dated 28.01.1983 the trial Court dismissed the suit holding therein that the disputed way is not being used by the plaintiff since last 50 -60 years and, therefore, he could not establish his easementary rights thereon.