ACHHAR SINGH Vs. HAZARA SINGH

JUDGEMENT

(1.) THIS is Plaintiff's second appeal whose suit for perpetual injunction restraining the Defendant from interfering or blocking with in any manner the pathwas decreed by the trial Court but the same was modified by the lower appellate Court to the extent that the Plaintiff was granted decree for perpetual injunction restraining the Defendant from construction or interfering with the Plaintiff's user of the passage only half a karam in width passing through the lands of the Defendant.

(2.) THE Plaintiff -appellant Ashhar Singh filed a suit alleging that the land shown in the Akas Shajra attached was one Kurah and was allotted in consolidation to one Gobind son of Narain Singh. The said owner Gobind was given passage to his Kurah and from there he had to go to his fields after passing through his own fields. It was further alleged that in course of time, the said Gobind sold his land out of the said Kurah to various persons who continued to pass through the passage out of his originally owned fields. The Plaintiff alleged that he was the owner of the Khasra No. 12/24/1, 24/2, 24/3, 22 and 33 and for that purpose he has been passing through a passage of two Karams wide and lying to the south and out of the killa Nos. 11R/22, 21 and 12R/25 adjoining to the main passage left by the consolidation authorities It was also alleged that the said passage was not only in existence for a long period but this passage was also available to the Plaintiff as a right of easement of absolute necessity as there was no other passage available to the Plaintiff to go to his fields. The Plaintiff apprehended obstruction in the said passage. Hence the present suit

(3.) IN appeal, the learned Senior Subordinate Judge (with enhanced appellate powers) maintained the findings of the trial Court that the Plaintiff had right of easement by way of necessity but he reduced the area from 2 Karams to 1/2 Karam in width. The learned appellate Court was of the opinion that a passage of half a Karam would be the most equitable, just and legal relief. Dissatisfied with the same the Plaintiff has filed the second appeal in this Court.