BHIM SEN Vs. RAM KISHAN

JUDGEMENT

(1.) For the reasons stated in the application the delay in filing the appeal is condoned.

(2.) The defendant is the appellant before this Court. A suit for permanent injunction was filed by the plaintiffrespondent. He claimed that there was a passage of 7 ft. wide which was left joint between the parties. The defendant was trying to encroach upon the said passage. He claimed that the defendant had no such right, and therefore, injunction was sought against him.

(3.) The learned trial Court partly decreed the suit of the plaintiff. It was held that there was a passage but its width was only 4 feet. Consequently, the suit of the plaintiff was decreed to that extent.