RAM SINGH Vs. JARNAIL SINGH AND OTHERS

JUDGEMENT

(1.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the learned trial Court on 23.08.1989 and affirmed by the learned first Appellate Court on 16.08.1991 whereby the suit of the plaintiff for mandatory injunction that defendants should vacate the passage shown in red colour in the site plan was decreed. The plaintiff filed civil suit asserting that Khasra No. 1099 -1100 -1101 situated at village Hans Kalan, was purchased by the plaintiff vide registered sale deed dated 25.05.1964 along with all the rights appurtenant thereto. He is using the passage in dispute since the date of purchase but the defendant, since last 5 months, illegally and forcibly made an obstruction in the use of passage.

(2.) THE stand of the defendant was that plaintiff is the co -sharer but denied the existence of passage and that no such passage was every allotted by the Revenue Authorities. Consequently, the question of obstruction of passage does not arise at all. The parties led evidence in support of the respective contentions. The plaintiff produced on record site plan Ex. P1, copy of Aksh Sarjra Ex. P2, Jamabandies Ex. P2 to Ex. P6 and Khasra Girdawari Ex. P7 and Ex. P8 apart from leading oral evidence. On the other hand, the defendants placed on record site plan Ex. D1, Jamabandi for the year 1967 -68 Ex. D2 and Aksh Sajra Ex. D3.

(3.) THE plaintiff has been able to prove existence of the passage from Aksh Sajra pertaining to the year 1945 -46. Gair Mumkin Ahar Chahar along with passage is reflected in Khasra Girdawaris Ex. P7 and Ex. P8, and in Jamabandies for the year 1982 -83 Ex. P4 and Ex. P6. Such finding was affirmed in appeal.