RULIA RAM Vs. GIANO DEVI

JUDGEMENT

(1.) Respondent Giano Devi is recorded as owner in possession of the land comprised in Khasra No.696, measuring 325.50 square meters, situated in Tikka Up Mahal Anu, Tappa Matti-Tihra, Tehsil and District Hamirpur, H.P. as per jamabandi for the years 1991-92. She alleged interference qua the aforesaid land by the appellants and the proforma respondents herein, who were claiming passage as easement of necessity and also by prescription through her land. The learned trial Court Whether reporters of the Local Papers are allowed to see the judgment? dismissed their claim, but however, decreed the suit of Giano Devi for permanent prohibitory injunction restraining them from causing an interference in the suit land in any manner whatsoever.

(2.) Feeling aggrieved and dissatisfied, the appellants filed an appeal before the learned District Judge, which did not find any favour with him, as such the appeal alongwith application under Order 41 Rule 27 of the Code of Civil Procedure for appointing Local Commissioner for ascertaining the existence of passage through the suit land was also dismissed, hence this regular second appeal.

(3.) Records of the Courts below were requisitioned and parties have been heard.