BHUPINDER SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) DEFENDANTS no.5 and 6, who were successful in the trial court, but have been partly unsuccessful in the lower appellate court, have filed this second appeal.

(2.) SUIT was filed by respondents no. 1 and 2/plaintiffs against proforma respondents no.3 to 5 as defendants no.1 to 3 (State of Haryana and its Authorities) and against Balwant Singh ­ father of appellants as defendant no.4 and against appellants as defendants no.5 and 6. The plaintiffs alleged that they are owners of the land detailed in paragraph 2 of the plaint, on the basis of exchange, vide mutation no.867, the exchange having taken place with Sadhu, Surjan and Tikka. Plaintiffs got the said land along with all rights appurtenant thereto including passage, khal (water course) etc. There existed a water course as well as passage adjoining the land of the plaintiffs, who have been using the same for access to their aforesaid land and for irrigation thereof. The said water course and passage also pass through khasra nos. 23/1, 18/2 and 13/1, which is the bone of contention. The defendants threatened to demolish and obstruct the same. Plaintiffs sought permanent injunction restraining the defendants from doing so.

(3.) LEARNED trial court dismissed the plaintiffs' suit. However, first appeal preferred by the plaintiffs has been partly allowed by the lower appellate court and the suit has been partly decreed regarding disputed passage existing in eastern side of the disputed khasra nos. 23/1, 18/2 and 13/1. Feeling aggrieved, defendants no.5 and 6 have filed this second appeal. I have heard counsel for the parties and perused the case file.