BACHAN SINGH Vs. SURAIN SINGH

JUDGEMENT

(1.) THIS is Plaintiff's Regular Second Appeal against the judgment arid decree of the Additional District Judge, Gurdaspur, dated 10.4.1991 whereby the judgement and decree of the trial court was set aside and the suit of the Plaintiffs was dismissed with costs.

(2.) THE parties are real brothers. The dispute between the parties is regarding the passage which, according to the Plaintiffs, exist between the house of Bachan Singh and Surain Singh. On the northern side of these houses, there is a pucca street measuring 18' wide and on the southern side of these houses is phimi of the village. According to the Plaintiffs, there is small street which connects the house of Mohinder Singh, Plaintiff to the main road and from the small street, another small street goes to the haveli of Bachan Singh. It is when the Defendant threatened to encroach upon the said street that the Plaintiffs filed suit for permanent, injunction restraining the Defendant not to encroach upon the said street.

(3.) THE learned Judge framed the following issues on 17.5.1988: