HIRABAI Vs. RAMPRASAD

JUDGEMENT

(1.) THIS is a plaintiff's second appeal against the judgment and decree dated 2nd February, 1994, passed by the District Judge, Guna in Civil Appeal No. 6 -A/80 reversing the judgment and decree dated 31st August, 1980, passed in Civil Suit No. 27 -A/80 by the Civil Judge, Class I. Guna.

(2.) THE appeal was admitted by this Court on 8.8.] 994 on the following substantial question of law:

(3.) THE defendant denied the right of way from his land and contended that the land is open agricultural land which he used to cultivate by putting Bagad. There is no right of way nor the land is used as Nistar. Plaintiffs have their main gate which opens on the thoroughfare.