KISHORI LAL Vs. PANCHAM LAL

JUDGEMENT

(1.) This appeal is by the plaintiff, which was admitted on the following substantial question of law :-

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed a suit inter-alia on the ground that the plaintiff and defendant are neighbours and the plaintiff had purchased the house vide registered saledeed dated 27.6.1978 Ex.D/11 from Pratap Singh and by rectification deed 6.1.1990 the map annexed to the saledeed was rectified. It was further pleaded that the defendant purchased his house vide registered sale-deed dated 14.2.1977 from one Feran. Thereafter, the aforesaid Feran executed another conveyance-deed Ex.D/2 dated 20.4.1988 in favour of the defendant. A passage is situate between the houses of the plaintiff and the defendant. The defendant started collecting building material with a view to raise construction on the passage. Thereupon, the plaintiff filed a suit seeking relief of declaration, restraining the defendant from raising construction on the passage and from making any encroachment on the passage in dispute.

(3.) The defendant filed the written statement interalia alleged that no passage is in existence between the houses of the plaintiff and the defendant.