DWARKA PRASAD Vs. RAMESH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by judgment and decree dated 09.11.1995 passed in Civil Appeal No. 10-A/93 by the Second Additional District Judge, Chhindwara confirming and affirming the judgment and decree dated 31.03.1991 passed in Civil Suit No. 77-A/91 by 5th Civil Judge, ClassII, Chhindwara.

(2.) The appellant/plaintiff had filed a suit for declaration of easementary right, permanent injunction and mesne profit in respect of the land admeasuring 30 x 6 ft. which is a lane that exists beside plot no. 39 belonging to the respondents and on part of plot 40/1 and which gives access to the house of the appellant/plaintiff which is situated on plot no. 60/1 and 60/2. It is alleged by the appellant/plaintiff that the said land was purchased by the appellant from Smt. Shanti Bai, wife of Prahlad Rao on 22.04.1982 and the fact of existence of the lane/road in question is mentioned in the said sale deed. It is alleged that the respondents started constructing a wall thereby taking into possession 30 x 3 ft. of the aforesaid lane/approach road in the year 1987-88, therefore the appellant gave a notice to the respondents restraining them from doing so, however, when the notice did not evoke any response, the appellant filed the present suit for the reliefs as stated above.

(3.) Both the courts below dismissed the claim of the appellant by recording a finding to the effect that the appellant/plaintiff had failed to prove existence of any such lane or approach road, that he had failed to prove any easementary right in that respect, that he had failed to prove that the respondents had wrongly and forcefully taken possession of 30 x 3 ft. i. e. half of the lane, that the appellant/plaintiff had an alternative approach to his plot and he was not entitled to any mesne profit or damages.