RANCHHOD Vs. PREMCHAND

JUDGEMENT

(1.) This appeal under Section 100 of the C.P.C. is at the instance of the plaintiff in the suit challenging the judgment of the First Appellate Court dated 4.12.1999, whereby the first appellate court by allowing the Civil Appeal No.27A/98 has reversed the judgment of the trial Court and dismissed the suit filed by the appellant. The trial Court by judgment dated 6.3.1998 had decreed the C.S. No.108A/97 filed by the appellant.

(2.) The undisputed position on record is that the appellant is the owner of land in Survey No.374, whereas the respondent no.1 is the owner of the land situated in Survey No.375 & 376. The land of the appellant and the respondent no.1 are adjoining lands.

(3.) The appellant had filed the suit for mandatory injunction before the trial Court raising a plea that between the land of the appellant and the respondent no.1 there is a 15 feet wide passage, which is part of the Survey No.374 belonging to the appellant. A demarcation was done in which the said passage was found to be under the ownership of the appellant. It was alleged that the respondent no.1 was trying to take possession of the passage and had tried to obstruct the passage, therefore the suit was filed.