SURJA Vs. HAR CHAND

JUDGEMENT

(1.) This is plaintiff's regular second appeal.

(2.) The defendant contested the suit on the grounds that civil Court has got no jurisdiction; that the plaint has not been properly verified; that the plaintiff has no cause of action; that the plaintiff has no locus standi to file the present suit and that the plaintiff has not moved the Court with clean hands. On merits, it was urged that there exists no passage over Killa Nos. 2 and 9 of Rectangle No. 78 and, therefore, suit of the plaintiff in the present form is not maintainable. It was further urged that, in fact, the plaintiff is using a passage which is in Rectangle No. 84, which area is owned and possessed by the plaintiff is using a passage which is in Rectangle No. 84, which is owned and possessed by the plaintiff and so it was prayed that suit of the plaintiff be dismissed.

(3.) On the pleadings of the parties, following issues were framed :-