JAGDISH RAM Vs. JAGTAR SINGH AND ORS.

JUDGEMENT

(1.) PLAINTIFF Jagdish Ram who was successful in the trial court but has been non -suited by the lower appellate court has filed the instant second appeal.

(2.) THE dispute is regarding site depicted in red colour by letters A B C D E F G H I J in site plan Exhibit P -1. The Plaintiff claims it to be a passage leading to his house depicted by letters K L M N in the site plan. The alleged passage, according to the Plaintiff, leads from the street in the North upto Plaintiff's house in the South. In between it bends towards East but again proceeds towards South.

(3.) LEARNED Additional Civil Judge (Senior Division), Anandpur Sahib vide judgment and decree dated 30.05.2005 decreed the Plaintiff's suit holding the disputed site to be passage. However, first appeal preferred by Defendants No. 1 and 3 has been allowed by learned Additional District Judge, Ropar vide judgment and decree dated 02.09.2009 and thereby suit filed by the Plaintiff stands dismissed with cost. Feeling aggrieved, Plaintiff has filed the instant second appeal.