BALBIR SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) The controversy in appeal here is with regard to the right asserted by the plaintiffs to use a three-karams wide path to their house. This path lies between khasra No. 237/2 and 238 and passes through a school playground. The finding of the District Judge being, "there is a path in existence at the spot in between Khasra No. 237/2 and 238 which adjoins the house of the plaintiffs situated in Khasra No. 26 along side Khasra No. 237/2 and 238."

(2.) According to the inspection note of the trial Judge, this path was the only passage for tractor-trolleys and carts to the house of the plaintiffs.

(3.) In view of the findings, as recorded by the District Judge and the inspection note of the trial Judge, that this was the only path for tractor-trolleys and carts to the house of the plaintiffs when the matter was taken up in appeal here, an attempt was made to see if by compromise the parties could agree to a suitable alternative path for the plaintiffs to their house. No such settlement could, however, be arrived at.