RUP CHAND AND ANOTHER Vs. PEHLAD AND OTHERS

JUDGEMENT

(1.) THE plaintiffs are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for permanent injunction in respect of strip of land said to be passage was dismissed. The plaintiffs sought a decree for permanent injunction alleging that strip of land, subject matter of litigation, is a passage for reaching to their ancestral land measuring 1892 sq. yards as delineated by letters 'ABCDEF' in village Surajgarh. It is alleged that this passage abuts the shamlat chowk and that the defendants have no right, title or interest in this passage nor they have any right to enter upon the ancestral land.

(2.) ON the other hand, the defendants denied that there is any passage 'AB' leading to the ancestral land of the plaintiffs and pointed out that the land in dispute belonged to Richhpal, ancestor of the plaintiffs and passage for the said land is towards its north through the land of the plaintiffs. It is further alleged that the plaintiffs, who were descendants of Richhpal have no concern with the land of the defendants, who are descendants of Patram and vice -versa. From the pleadings of the parties, the following issues were framed:

(3.) AFTER considering the evidence led by the parties, the learned trial Court on the basis of map of abadi deh Ex. P1 found that the passage 'AB' is in existence. It is apparent from the site plan Ex. P2 as well as site plan Ex. D2. The learned trial Court returned the following findings: