RICHPAL Vs. BHARAT SINGH

JUDGEMENT

(1.) Bharat Singh plaintiff-respondent filed against defendant-appellant Richhpal civil suit No. 327 on 13th March, 1980 for permanant injunction restraining the defendant-appellant from encroaching upon 5 Marlas of the passage, land comprised in Khasra No. 203/1. It was stated in the plaint that the plaintiff-respondent was owner of the land comprised in Khasra No. 202 and that the passage from the lard aforesaid was allotted to him in consolidation proceedings, that the defendant-appellant; who was the owner of the land comprised in Khasra No. 203/2 situated towards south of the plaintiff-respondent's land, was out to encroach upon the passage. Hence the suit.

(2.) Defendant-appellant stated in reply that the order in regard to provision for passage out of the land comprised in Khasra No. 203/7 had been revoked by the consolidation authorities on 24th February, 1982 and, therefore, the plaintiff-respondent was not entitled to the relief claimed. Learned trial court decreed the suit on 29th October. 1981. In civil appeal No. 397 of 1981 decided on 1st October, 1982 learned lower Appellate Court affirmed the decision of the learned trial court dated 29th October, 1981. Hence R.S.A in this court.

(3.) I have heard Shri A.S. Nehra. Senior Advocate, learned counsel for the defendant-appellant and carefully gone through the record of the learned courts below. None, however, appeared for the plaintiff-respondent.