JASBIR SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) THIS is an appeal by plaintiffs-appellants against the judgment of District Judge, Hissar.

(2.) A civil suit for declaration was filed on 11. 1. 1971 by Jasbir Singh, Joginder Singh and Devinder Singh; minor sons of Subedar Major Mohinder Singh, against the defendants, namely, Bhagwan Singh, Latwa, Chander Bhan and Ram Kumar (minor) sons of Khema; and Ganga Ram. The plaintiffs' case was that defendant No. 5, Ganga Ram, was owner of Rectangle Nos. 208 and 220 situate in village Bass Binja, Tehsil Hansi, District Hissar. Ganga Ram sold land bearing 'khasra' Nos. 202/20/1 and 202/22/1 out of the said land to defendants Nos. 1 to 4. real brothers, living jointly. After the aforesaid sale of land, the plaintiffs also wanted to purchase some other land from defendant No. 5. They, however, obtained, for reaching their fields, a passage, 2 'karams' in width, through the land of defendants Nos. 1 to 4 on payment of Rs. 250/on 14. 7. 1968 under the agreement, Exhibit P-1. Defendant No. 1, Bhagwan Singh, signed the agreement as 'karta' of the joint family. Thereafter, the plaintiffs purchased some other land from defendant No. 5, Ganga Ram, under sale deed dated 15. 7. 1968 (Exhibit P2 ). Vendor Ganga Ram also gave passage through his land bearing 'khasra' No. 202/21/3. The plaintiffs continued to use the path, given by defendants Nos. 1 to 4, for about two years and they, along with landowners of the adjoining land, constructed a 'pulli' on the outlet for better use and management of the path. The defendants, later on, prevented the plaintiffs from using that path. The plaintiffs claimed, through their civil suit, that they were entitled to use the passage by way of easement of necessity. Hence, the suit.

(3.) DEFENDANT No. 5, Ganga Ram, in the written statement, admitted the case of the plaintiffs.