RAM PARKASH MANCHANDA Vs. AMIN CHAND AND ORS.

JUDGEMENT

(1.) THIS second appeal has been filed by the Plaintiff against the judgment and decree of the Senior Subordinate Judge, Hoshiarpur, dated 3rd December, 1974.

(2.) BRIEFLY , the case of the Plaintiff is that the site marked ABCD shown in red colour in the plan Exhibit P. W. 11/1 was not owned by any individual. It vested in the Municipal Committee and was being used by the public as a passage. His house was near it and he was also using it as such. It was under the management and control of the municipality and was therefore a public street. It is further pleaded that Defendant No. 1 obstructed the Plaintiff from using it, which he has a right to use. Consequently, the Plaintiff filed a suit for permanent injunction restraining the Defendants from obstructing him from using the street.

(3.) MR . H.S. Khushdil, Subordinate Judge, held that the property was a public street and that it was not owned by Defendant No. 1. Consequently, he decreed the suit. Amin Chand Defendant went up in appeal before the Senior Subordinate Judge, who affirmed the finding of the trial Court that the property was a public street but reversed it with regard to the other matter and held that it was owned by Defendant No. 1. He found that the following issue had not been decided by the trial Court: