SADHANA GHOSH Vs. PARBATI LAHA

JUDGEMENT

(1.) The present appeal arises from concurrent finding of facts arrived at by both the Courts below.

(2.) The plaintiffs/respondents filed a suit for declaration of their easementary right over the 'kha' schedule property and permanent injunction restraining the defendants/appellants from closing out the said property and also raising any obstruction and/or hindrances in ingress and egress of the plaintiffs/respondents.

(3.) The facts emerged from the record are that the 'kha' schedule property is the only pathway leading from the house of the plaintiffs/respondents to the village main road, which is situated on the northern side of the said plot and the aforesaid factum was recorded in the CS Record of Rights. However, during the revised settlement, the CS plot no. 1925 was divided into four plots, out of which RS plot no. 1925/2391 comprising of 4 decimal of land was recorded in the name of the mother of the defendants/appellants.