PARMODH SINGH Vs. DARYODHAN SINGH

JUDGEMENT

(1.) THE plaintiffis in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby his suit for permanent injunction restraining the defendant from causing any obstruction like tethering of cattle or placing of Khurlis or installing of Kundas in the common passage of the parties marked ABCD shown red in the site plan, was dismissed.

(2.) ONE Labh Singh was the owner of the joint property. Labh Singh had two sons Sukhnandan Singh, father of the plaintiff and Raghunandan Singh, father of the defendant. The plaintiff claimed exclusive ownership of the property marked DEFGBC shown yellow and averred that ABCD is a common passage. The defendant is owner in possession of the property marked as IJADE. It is averred that the perties have left a common passage ABCD for their going into and going away of the properties of the parties and there is no other passage for entering into the property of the plaintiff except through the site ABCD, which is a common passage of the parties. It was alleged that the defendant has started threatening to obstruct this passage over which he has no right.

(3.) IN support of the respective stands of the parites, the plaintiff appeared as his own witness as PW1, examined Shri Anirudh Singh, brother -in -law of the plaintiff as PW3 and PW2 - -Brijnandan Singh. On the other hand, the defendant appeared as his own witness as DW1 and examined DW2 Dharampal.