LAKHMI CHAND Vs. PARMAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 25.03.2004 passed by learned Civil Judge (Jr. Divn.), Faridabad whereby suit for permanent injunction filed by appellantsplaintiffs has been dismissed and against the judgment and decree dated 22.09.2007 passed by learned Additional District Judge (Ad hoc), Fast Track whereby appeal preferred by the appellants has also been dismissed.

(2.) FOR convenience sake, reference to parties is being made as per their status in the suit.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this second appeal are to the effect that plaintiffs filed a suit for permanent injunction restraining defendant from causing any hindrance or raising any construction over passage shown in green colour in site plan which passes through the houses owned and possessed by the plaintiffs, situated in village Mewla Maharajpur, District Faridabad, fully detailed and described in site plan attached with the plaint. As per averments in the plaint, plaintiff no.1 had purchased a plot from defendant by way of registered sale deed dated 12.07.1972. Plaintiff no.2 got lease deed for a period of 99 years from defendant in his name on 21.06.1973 and sale deed was executed in the name of his sons -Shiv Charan and Mam Chand by defendant on 21.06.1973. The houses of other plaintiffs are ancestral property. A 12 feet wide passage shown in green colour in site plan from house of Khacheru -plaintiff no.3 leading to pucca road towards well is in existence since times immemorial. The passage is being used by the plaintiffs without any hindrance. At the time of selling plots to plaintiffs no.1 and 2, defendant admitted the passage. Water taps of Municipal Corporation, Faridabad are installed in the passage shown in dotted line in site plan. In the year 1975, a settlement took place between the parties that 12 feet wide passage will be rasta sare aam (public passage) and nobody will construct over it. The settlement was signed by the plaintiffs and defendant necessity for which had arisen out of construction started by Nanuwa. As per settlement dated 23.04.1975, he had released the passage and stated that he had no concern whatsoever with 12 feet wide passage. Defendant wants to grab passage by raising construction without any right, title or interest. Plaintiffs asked defendant many a times not to cause any hindrance, but to no avail. Hence, suit was filed.