(1.) The Municipal Committee, Pataudi is in second appeal before this Court against the judgments and decrees of the Courts below whereby the suit filed by the plaintiff-respondents for permanent injunction stands decreed. The plaintiffs filed a suit pleading that they were residing in their house situated in rect. No. 87 killa No. 24 within the municipal limits of Pataudi for the last more than 25 years and the same was marked by letters 'EFGH' in the site plan attached to the plaint. The land reflected by letters 'ABCD' comprised in killa No. 25 of rect. No. 87 and killa No. 21/1 of rect. No. 88 had been reserved for public purpose and had always been used by the inhabitants of village Pataudi including the plaintiffs as a thoroughfare and for the ingress and egress to their house for the last more than 30 years. It was pleaded that there was no passage for the house of the plaintiff leading upto the main passage. There had been no interference from any quarter regarding the usage of passage and thereafter, the plaintiff had acquired the right of easement by way of prescription as well as by way of necessity. The passage in question was 3 karams wide and upon the defendant-Municipal Committee, Pataudi threatening to block the same, the suit for permanent injunction had been instituted.
(2.) Defendant-Municipal Committee filed a written statement taking the preliminary objection of the suit being barred in terms of Section 52 of the Haryana Municipal Act, 1973 (hereinafter referred as "the 1973 Act"). It was pleaded that the Committee was the owner of the disputed passage shown in letters 'ABCD' and the plaintiff had no right to use the same. It was further stated that even if there was no other passage for the use of the plaintiffs as regards ingress and egress from their house, then the matter should have been raised before the consolidation authorities.
(3.) Upon the pleadings of the parties, the trial Court struck the following issues: