SUKRAM LAKRA Vs. STEEL AUTHORITY OF INDIA LIMITED

JUDGEMENT

(1.) The Defendant No.1 in Civil Suit No.7 of 2009 of the Court of the learned Civil Judge, Junior Division, Panposh, Rourkela is the Appellant before this Court in the Second Appeal filed under Sec. 100 of the Code of Civil Procedure (for short, 'the Code').

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

(3.) The Plaintiff's case, in short, is that one Ram Swaroop Agarwal is the recorded tenant in respect of lands under khata no.270 under three plots comprising of an area of Ac.0.250 decimals. The Plaintiff claims to have purchased the same by registered sale deed dtd. 4/9/2007. It is stated that being delivered with the possession of the same by the vendor, he has beenin possess on and enjoyment of the said land. Accordingly, the record of right in respect of that land also stands in his favour. It is stated that one road of 20 feet width runs from plot no.23/1269 through plot no.27/1094, which leads and connects the main raod of Birajapali. It is claimed that he was using the said road along with general public and that road begins at the end point of the land under plot no.23/1269 on western side and joins the main road of Birajapali covering length of 50 ft. It is stated that his vendor was also using the said strip of land as road in order to approach Birajapali road. Alleging that the Defendant No.1 has encroached upon a portion of the said land and thereby caused nuisance, the suit has come to be filed. The Plaintiff in the suit has prayed for a declaration that he has the easementary right of way over that strip of land and accordingly, he prayed for issuance of permanent injunction against the Defendants restraining him from encroaching upon the same in any manner. The Defendant No.1, coming to contest the suit, has filed the written statement and denied the Plaintiff's right to use the suit land as approach road. It is stated that the Plaintiff has an alternative way to approach the road and he has filed the suit with mischievous intention.