SOHAN LAL Vs. HARBANS LAL

JUDGEMENT

(1.) The detail facts are not necessary to be mentioned. The brief facts are that Kailash Bihari was the original owner of the property. He sold the property marked D.C.F.E. shown in green colour in the site plan Ex. P/3 to the plaintiff-respondent. Adjoining this property towards the north, the appellant purchased the property. The controversy between the parties is with regard to the private passage towards the north of the property purchased by the plaintiff for access to the verandah, and stair case. The plaintiff has claimed a right of easement through the passage on the following grounds :-

(2.) The learned trial Court after appreciating the evidence on record held as under :-

(3.) The appellant filed an appeal before the learned District Judge, Gurgaon. The learned Appellate Court partially reversed the findings of the trial Court on issue No. 4 and held that the plaintiff has a right of easement of necessity to use the passage in dispute.