HEERA BAI Vs. THAKURI

JUDGEMENT

(1.) This is a plaintiffs' 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 8-8-1994 on the following substantial question of law:

(3.) Facts giving rise to this appeal are thus : The plaintiffs instituted a Civil Suit on 9-4-1979 for declaration and permanent injunction to restrain the defendant-Thakuri (since deceased) from interfering with their right of way from the ancient door which opens on the agricultural field on the East side of the defendant and joins the thorough-fare which is at a distance of about 10 to 15 feet, shown in the map annexed with the plaint. The plaintiffs averred that they are using the way from their door to go to main pathway as an easement. The defendant by raising the construction is obstructing the right of way of the plaintiffs. Therefore, the defendant be permanently restrained from raising the construction.