JAGAT RAM Vs. TARA CHAND

JUDGEMENT

(1.) This revision petition is directed against the order dated 13.9.1999 passed by the learned Additional District Judge, Mandi. The sum and substance of the dispute is that the petitioner - plaintiff (hereinafter referred to as the plaintiff) has instituted a suit for permanent prohibitory and mandatory injunction against the respondents -defendants (hereinafter referred to as the defendants) for restraining them from interfering with the right of the plaintiff to use a path which passes through field No. 146 owned and possessed by the defendants and to remove the obstruction. The right of passage is claimed for agricultural purposes on the basis of prescription and custom as recognised in the wazib -ul -arz. It was alongwith this suit that an application under Order 39 Rules 1 & 2 CPC was also moved by the plaintiff praying for restraining the defendants from blocking the passage through khasra No. 146.

(2.) The defendants resisted the suit as also the application on the grounds of maintainability and estoppel and on merits, claimed that no such path ever existed nor the plaintiff has any customary or prescriptive right to have a passage over the land khasra No. 146.

(3.) After hearing the parties, the learned trial Judge allowed the application partly and directed the defendants not to obstruct the user of the passage by the plaintiff for the purpose of agricultural operations.