LAMBODAR PANDA Vs. RAMESH CHANDRA PANDA

JUDGEMENT

(1.) THE defendants filed this Second appeal against the reversing judgment of Shri B. S. Patnaik, Subordinate Judge of Balasore decreeing the plaintiffs suit for a declaration of their right of way over the disputed land belonging to the defendants and directing the defendants to remove the obstructions raised by them to the plaintiffs right of way over the said land and permanently restraining them from closing the pathway.

(2.) THE plaintiffs' case is that there is a public road (plot No. 52) running east -west between the homesteads of the parties and the suit pathway is situated on the fallow plots of the defendants and has its point of entrance from the said public road near the front of the plaintiffs' homestead and its point of departure on a village pasture land which, is on the north -east of the said pathway and is being used as a way by the plaintiffs for generations and for more than thirty years peaceably and openly and as of right without any interruption; that the plaintiffs are using the said way for going to and fro to the pasture land with their cattle and for going to and fro to the neighbouring village and to the market of the said village and the women folk of the plaintiffs' family also use the path for going to and fro to the pasture land for answering calls of nature; and that it was the only pathway available to the ladies for the several purpose. Alleging that the defendants on account of a quarrel closed the southern end of the said path by raising a fence, the plaintiffs sued for a declaration and other reliefs as stated above. The defendants denied the existence of the path or the right claimed by the plaintiffs and contended that the suit was the result of some shebaiti dispute between the parties who are Brahmins and are closely related.

(3.) ON appeal, the learned Subordinate Judge held that the plaintiffs' user was as of right also and in that view decreed the suit.