MADAN LAL Vs. KRISHAN LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 17.8.2007 passed by the learned District Judge, Sirsa vide which appeal filed by the respondent/plaintiff stands accepted by setting aside the judgment passed by the learned trial Court.

(2.) THE plaintiff/respondent filed a suit for declaration claiming that the mutation No. 370 dated 20.4.1983 regarding the oral partition of total land measuring 339 K-16M, in which a street/passage towards the Western side of the land comprised in khasra No. 271/2 (1-4) situated in village Karamsana, Tehsil and District Sirsa, was not shown/left to be mentioned, in the 'Tatima' of mutation., is wrong, illegal and is liable to be corrected/changed or modified, by correction by showing the passage in the aforesaid khasra No. 271/2. The revenue record was liable to be corrected. The passage was claimed to have been left, at the time of oral partition, for enabling the owner of this khasra for approaching and entering the land, and was in use since then. The plaintiff also sought permanent injunction restraining the defendants from closing/blocking the abovesaid passage, which was shown as ABCD in the site plan. The passage was said to be 11 feet in width and 20 feet in length. It was also asserted that this was the only passage with the plaintiff for entering his residential house shown as CEFG in the site plan.

(3.) THE plaintiff/respondent preferred an appeal. The learned lower appellate Court without meeting the reasoning given by the learned trial Court accepted the appeal by giving no reasons. The operative part of the judgment passed by the learned District Judge, Sirsa reads as under :-