SURINDER PAL AND OTHERS Vs. DHERU

JUDGEMENT

(1.) CM-11392-C of 2014 Allowed as prayed for. Annexures P-3 and P-4 are taken on record. RSA-4700 of 2014

(2.) The present appeal has been directed against concurrent findings of fact recorded by the courts below whereby the suit filed by the plaintiffs was dismissed by the trial court and the appeal preferred by them also met the same fate.

(3.) The plaintiffs claimed that Smt. Ram Piari, their mother purchased 08 kanals land in Rectangle No. 45 Killa No. 1 vide sale deed dated 20.7.1976 and another 08 kanals from Killa No. 21 vide sale deed dated 21.2.1980 and she had been using 11 feet wide passage from Eastern part of land of the defendant comprised in Rectangle No. 48 Killa No. 16(8- 0), 25(8-0) for ingress and egress from land sold by the defendant in favour of Smt. Ram Piari as there is no other passage available for approaching the main pathway/road as is clear from certified copy of Sajra Aksh. After death of Smt. Ram Piari, her legal heirs (plaintiffs) are using the said passage which the defendant is threatening to block.