GORELAL Vs. MULUA

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by the Additional District Judge, Guna in Civil Appeal No. 100-A/70, confirming the judgment and decree passed by Shri N. K. Jain, Civil Judge Class II, Guna in Civil Suit No. 62A/65.

(2.) The facts of the case, briefly stated, are that the plaintiff-respondent filed a suit for permanent injunction and demolition of a wall against the defendant/appellants. The plaintiff alleged that there was a partition between him and his brother Puran and in the share which fell to his brother, there was a door opening towards the eastern side which was used by him as a passage, but after partition, plaintiff opened a door on the northern side which opens towards the village pathway. It was alleged that on 12-9-1965, the defendants constructed in front of the door a Chabutara and thereby obstructed the way. The plaintiff also alleges that the door was used for taking his cattle as well as this was an access for him to the village pathway and as it was closed, he is suffering inconvenience.

(3.) The defendants contested the suit. The fact of partition between the plaintiff and his brother was denied. It was also said that the opening of the door on the northern side was illegal and that the land in front of the door was not a public path, but it belonged to the defendants. The defendants also asserted that the construction is already completed and that construction is on their own land and as such, the plaintiff has no right to demolish it. It was also submitted that Section 91 of the Code of Civil Procedure is applicable to the present case and unless and until the permission of the Advocate General is taken for filing the suit, the suit itself is not competent.