PIARA SINGH Vs. TELU RAM DEAD

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs regular second appeal against the judgment and decree of Additional District Judge dated 2.11.1978 affirming the judgment and decree of the trial Court.

(2.) PLAINTIFF filed suit for permanent injunction restraining the defendants from causing any obstruction in the user by the plaintiff over rasta gali marked ADBC shown red in the site plan by constructing a wall along with the line AD or anywhere in the said rasta gali or in any manner whatsoever. It is the case of the plaintiff that street ADBC is a common passage and he has been using the same for the last about 40 years and that the defendants have no right to block the same. Otherwise too, he has acquired a right of his easement.

(3.) WHETHER the plaintiff has acquired a right of easement of passage as alleged? OPP.