DIWAN SINGH Vs. KEHRI

JUDGEMENT

(1.) THIS is unsuccessful plaintiffs 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. Bhagwanan 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 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 :