DIWAN SINGH Vs. KEHRI

JUDGEMENT

(1.) THIS is unsuccessful plaintiff's regular second appeal.

(2.) IT is the case of the plaintiffs that they alongwith the defendants had a joint khewat before consolidation of holdings in the village. After consolidation of holdings their joint khewat was partitioned. Bhagwana etc. got a separate khewat whereas land of Kehri and plaintiffs remained joint. Later on plaintiffs and Kehri also partitioned their Khewats. At the time of partition a passage was allowed by the Settlement Officer (Consolidation of Holdings) through the land to the plaintiffs vide order dated 18.4.1964. This order was set aside by this Court in a writ petition. Thereafter another effort was made by the plaintiffs to secure a passage but with but with no effect. Hence, plaintiffs filed the present suit claiming a right of passage over the land of the defendants for the beneficial enjoyment of their own property as an easement of necessity.

(3.) ON the pleadings of the parties a number of issues were framed. However, the material issue pertain to the claim set up by the plaintiffs to the effect that he has acquired a right of easement of necessity over a piece of land belonging to the defendants. The relevant issue reads as :-