CHATIN SINGH Vs. MEHAR SINGH

JUDGEMENT

(1.) 'This is defendants' second appeal against the order of Additional District Judge Sangrur whereby he affirmed the judgment of Senior Sub-Judge Sangrur dated 16th August, 1987.

(2.) The plaintiffs/respondents filed the present suit against the present appellants for mandatory injunction and, in the alternative, for possession of 16 Marlas pahi comprising Khasra No. 472 and 15 Karams pahi running along rectangle No. 51/52, in a representative capacity, on the allegations that the consolidation proceedings took place in village Kheri. During the consolidation, in order to provide access to the plaintiffs' land comprising Khasra Nos. 18.19, 22 and 23/1 passage along Killa Nos. 50/24/1 and 25/ and 15 Karams passage was provided along Killa Nos. 51/21 up to Killa No. 23/1. This pahi was described as Khasra No. 472 and had been used for passage of the plaintiffs. The defendants/appellants had moved an application under Section 42 of the East Punjab Holding (Consolidation & Prevention of Fragmentation) Act before the Additional Director of Consolidation for cancellation of the provisions of passage on Khasra No. 472 which was dismissed on 27.11.1987. However, during Rabi 1975, the defendants dismantled the pahi and amalgamated it in Killa No. 51/21 and Killa Nos. 50/24/1 and 25/1, thus giving rise to the present suit. The plaintiff claimed the passage on account of easement of necessity also, because there was no other passage providing access to the agricultural land of the plaintiffs/respondents.

(3.) In the written statement filed by the defendants, the averments made in the plaint were denied. Various pleas, including that the suit was barred by time, and that the plaintiffs were estopped from filing the same, etc, were taken in the written statement. The trial Court, after going through the record and an elaborate discussion of various points raised, came to the conclusion that the suit deserved to succeed. Thus, the trial Court decreed the suit for possession in respect of Khasra No. 472 measuring 16 Marlas which was a Pahi along with Khasra No. 50/24/1 and 25/1 (71 Karams long and 2 Karams wide), as also 15 Karams Paha along Khasra No. 51/21.