MT. SHANKRI Vs. NATHU RAM

JUDGEMENT

(1.) THIS is a civil revision filed by the petitioner against the concurrent findings of two Courts below. A Chabutra in Mohalla Sath Ghara Patiala has been the bone of contention between the residents of the Mohalla for a very long time. In the present case Mt. Shankri who owns a house very near the said Chabutra wanted to open a door on the same. The residents of the Mohalla filed a suit for permanent injunction restraining Mt. Shankri from opening a door. The defendant claimed right of way on the Chabutra and controverted the pleas raised by the plaintiffs. Two issues were framed in this case :

(2.) WHETHER the plaintiffs have erred a right of easement of using the Chabutra and will the wall and the door interfere with the right of easement and are the plaintiffs, therefore, entitled to the order of permanent injunction prayed for by them? O. P.

(3.) THE next point taken up by him is that the plaintiffs had not succeeded in proving that they had a right of easement of using the Chabutra and thus to restrain the defendant from opening the door in question. According to him the Chabutra was on Municipal land and every person of the locality had a right to use the same. The defendant being also a resident of the Mohalla could use it like others and therefore the plaintiffs could not stop her from opening a door of her house that side. I do not think I can take up this point in this revision petition. The learned counsel for the petitioner has not been able to show as to how the Courts below can be said to have acted in the exercise of their jurisdiction illegally or with material irregularity. It is a purely question of fact which has been concurrently decided by the two Courts and cannot be in any way interfered with in a revision petition.