HARBANS SINGH Vs. BHAJAN SINGH

JUDGEMENT

(1.) Four residents of village Bath in plaintiffs 1 to 4 and two residents of villag e Kaler in plaintiffs 5 and 6 filed against the owners of land comprised in Khasra Nos. 5/19 and 5/21 of the land situated in village Kaler in defendants 2 to 5 and their paternal uncle Surjit Singh defendants No. 1, to whom they had allegedly given land aforesaid for cultivation, civil suit No. 292 on July 22, 1983 for perpetual injunction restraining defendants from interfering with or obstructing two karmas wide Kacha passage from inside their lands aforesaid connecting to two villages which had been used by them peacefully, as of right, openly, continuously without interruption as an easement for more than 30 years. Defendant-Respondents urged in reply that the alleged pathway existed upto Khasra Nos. 474 and 475 in village Kaler and ended at Khasra No. 28/1 and in village Bath upto Khasra No. 475 and that Khasra number of the pathway itself was 387.

(2.) Learned trial Court decreed the suit on February 2, 1985. In civil appeal No. 182 of 1985 decided on February 12, 1987, learned lower Appellate Court reversed the decision of the learned trial Court and dismissed the suit. Feeling aggrieved, plaintiffs have filed R.S.A. No. 1176 of 1987 in this Court.

(3.) I have heard Shri H.L. Sarin, Advocate, learned counsel for the plaintiffs appellants, Shri Aftab Singh Bakshi, Advocate, learned counsel for the defendant-respondents and have carefully gone through the record of proceedings before the learned two courts below.