BHASKAR CHANDRA ROY Vs. INDRAJIT ROY

JUDGEMENT

(1.) This Revisional application is at the instance of a plaintiff in a suit for declaration and injunction and is directed against Order dated March, 3, 2000 passed by the Additional District Judge, 5th Court, Alipore in Misc. Appeal No. 294 of 1999 thereby setting aside the Order No. 34 dated June 5, 1999 passed by the Civil Judge (Junior Division), 2nd Court in Title Suit No. 358 of 1998.

(2.) The dispute involved in this application is over 4ft. passage lying by the side of the property owned by the parties. Initially the property belongs to the common vendor of the parties. The said vendor transferred 3 cotthas of land to the Opposite party herein. In the said deed it was mentioned that the disputed passage can be used by the vendor only for the purpose of easement and right of passage. There was, however, a stipulation in the deed that the vendor in future will not transfer this 4ft. passage to any subsequent purchaser.

(3.) The petitioner herein purchased 2 cottahs of land situated by the side of the land of the Opp. party from the said vendor and in the said deed the disputed 4ft. passage was shown as private passage of the present petitioner although in the previous deed executed in favour of the Opp.party, the vendor only reserved his right of passage and easement right through that passage.