UTTAM CHAND SURANA Vs. PRABIR GUHA

JUDGEMENT

(1.) The instant second appeal is at the instance of the plaintiffs in a suit for permanent injunction and is directed against the judgment and decree dated April 17, 2013 passed by the 2nd Court of learned Additional District Judge, Alipore, District 24-Parganas (South) in Title Appeal No. 127 of 2012 thereby affirming the judgment and decree dated April 17, 2012 passed by the 2nd Court of learned Civil Judge (Junior Division), Alipore rejecting the plaint of the said suit being Title Suit No. 87 of 2006.

(2.) The plaint case of the said suit in short is thus, the plaintiffs are the owners of the four-storeyed building at premises No. 208/1A Rash Behari Avenue, Kolkata-700029 and the defendants are the owners of the building at premises No. 208/1B, Rash Behari Avenue, Kolkata-700029 situated at the rear portion of the building of the plaintiffs, in the eastern side of the building of the plaintiffs, there is one eight feet wide passage from north to south described under Schedule 'B ' appended to the plaint which is the subject-matter of the present suit. The said passage is being used by the parties for ingress and egress to their respective buildings and they have rights to take electric, telephone and water connection through the said passage. The predecessor-in-title of the defendants claiming absolute right over the said passage filed a writ petition before the High Court but the same was dismissed. The appeal from the said writ petition being A.P.O. 310 of 1999 was also dismissed, even thereafter, the defendants, are causing disturbance to the plaintiffs in their enjoyment of the said passage. The plaintiffs lodged several complaints with the local Police Station but could not prevent the defendants from disturbing the plaintiffs, hence the suit.

(3.) The plaintiffs in the said suit, inter alia, have prayed for a decree of permanent injunction restraining the defendants and their men and agents from keeping car in front of the garage of the plaintiffs and/or creating any sort of disturbance in the enjoyment of the Schedule 'B ' property.