JOGINDER SINGH Vs. OM PARKASH

JUDGEMENT

(1.) A suit for seeking a decree of permanent injunction had been filed by the plaintiff, respondent No.2 herein, interalia on the allegations that he is a co -sharer of the land described in the plaint, on western side of which there is 381/2 feet wide Rasta Sare Aam which is also used as a passage to approach his land, as there is no other passage to go to his land. It was specifically pleaded that defendant Joginder Singh, now appellant, sometime ago started merging the land of this passage into his own land and sequelly had included specific portion of the passage in his fields and sequelly adjacent to his land now passage left was only 12 feet in width causing great suffering and hardship to the respondent -plaintiff in passing his tractortrolley through the passage in question. It was also clarified that the said passage ahead of and backwards to the portion lying adjacent to the land of the plaintiff, was 381/2 feet wide everywhere. It was also claimed that whenever efforts were made for demarcation of the land, the defendant, appellant herein, had always been foiling such venture on one score or the other.

(2.) CONTESTING defendant, appellant herein, in his written statement had taken a definite stand that there was a passage on the western side of the land of the plaintiff and that Khasra number of the disputed passage was 188 and it was in the nature of Gair Mumkin Rasta. It was explained further that for the last many years inhabitants of the village instead of using the passage bearing Khasra No.188, had been passing through the land of the defendant, appellant herein, and on an objection having been raised by him, it was decided between Gram Panchayat, Hasinga and appellant -defendant that land underneath the disputed passage would be used by the appellantdefendant in lieu whereof inhabitants of the village would use the land owned by defendant No.1 bearing Khasra No.85//1, 10 and 11, as a passage. It is claimed by the appellant -defendant that right from that time, the villagers are using his land as a passage, whereas the land underneath the actual passage is under cultivation with the appellant -defendant. Gram Panchayat, Hasinga was also impleaded as one of the defendants. It was on 30.3.2010. In written statement furnished by the Gram Panchayat, it was specifically conceded that on the western side of land of the plaintiff, there is Rasta Sare Aam which is owned by the Government and the same is running one and is in use at the spot. Dismissal of the suit was sought.

(3.) THE parties had gone to trial on the following issues settled by the lower court on 8.1.2011: