BRUNDABAN CHOUDHURY Vs. GALAPALLI JAGANNATH PRADHAN AND ANOTHER

JUDGEMENT

(1.) The defendant is in appeal against a reversing judgment of the learned Subordinate Judge, Aska.

(2.) The plaintiffs-respondents instituted the suit for permanent injunction. The case of the plaintiffs is that they have installed a rice huller over a piece of land to the west of Aska-Bhanjanagar road. The said mill has access to the eastern Aska-Bhanjanagar road and another road to the north known as Jahada-Mangalapur road. Since the defendant had obstructed the right of access to the Aska-Bhanjanagar road, they instituted the suit seeking the reliefs mentioned supra.

(3.) The defendant filed a written statement denying the assertions made in the plaint. The case of the defendant is that he is running a hotel in a thatched house constructed over the suit land for more than forty years. The house no way obstructs the plaintiffs to approach the road.