SAWARN SINGH Vs. KARTAR SINGH AND ANOTHER

JUDGEMENT

(1.) Facts giving rise to this appeal are that Kartar Singh and Lachhman Singh filed the present suit claiming the right to use the path, which had been closed by Sawarn Singh and restraining him for obstructing it in any way. The suit was decreed by the trial Court. The appeal filed by Sawarn Singh having been dismissed, he has instituted the present appeal.

(2.) Learned counsel for Sawarn Singh has taken me through the impugned judgment of the lower appellate Court which contains the detailed facts of the case. Upon the concurrent findings of the two Courts below on the dispute issue No. 3 nothing tangible could be urged. However, the learned Counsel contended that the suit could not be decreed with the aid of Section 13 of the Easement Act. The argument ignores the crucial facts of the case to which the lower appellate Court applied the ratio of Ersad Ali and others v. Mohammad Yakub and others, Ladha Singh v. Kanhaya Lal, 1969 CurLJ 868. As the applicability of these two ruling has not been distinguished, I do not find any merit in this appeal. The same is, therefore, dismissed. No order as to costs.