PRABIR GUHA Vs. UTTAM CHAND SURANA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India. The petitioner is aggrieved by the judgment and order dated 26th August, 2008, passed in appeal, being Misc. Appeal No. 443 of 2006, by the learned Additional District Judge, Alipore. An appeal was instituted before the said learned Judge from an order of a learned Munsif refusing an order of injunction restraining the petitioner from claiming exclusive rights over a passage alongside a building. The learned Additional District Judge granted the order of injunction, against which the petitioner has come up before this court in this Revisional Application.

(2.) There is a substantially large property abutting on Rash Behari Avenue, Kolkata. There is a four storied building with a frontage on that road. It has some land appertaining to it on the back and to its west. The building and the land measure about 3 cottahs 5 chittaks and 30 sq. feet. The premise is numbered as 208/1 Rash Behari Avenue. It is owned by the respondents. At the back of that property there is another property which also has a four storied building. Its owner is the petitioner. Right along these two buildings there is a 8 ft. wide passage having a length of 57 ft. 6 inches. It runs north to south from Rash Behari Avenue alongside these two buildings to their east.

(3.) The battle over easement rights over this passage has been raging for quite sometime, not only between these parties, but their predecessors in interest. Now, the history of the dispute.