KAMLA DEVI Vs. DHANI RAM

JUDGEMENT

(1.) This appeal has been directed against judgment, decree dated 15.5.2000 passed by learned District Judge, Shimla in Civil Appeal No. 6 -S/13 of 1999, affirming judgment, decree dated 26.11.1998 passed by learned Sub Judge Ist Class, Court No. 1, Rohru Camp at Jubbal, District Shimla in C. Suit No. 17/1 of 1996/93 dismissing the suit of the Appellant.

(2.) The Appellant had filed a suit for mandatory injunction against the Respondent to remove obstruction caused by him at the two ends of khasra No. 404 min over a path. The Appellant has claimed herself to be the owner of land comprised in khasra Nos. 397 and 419. whether reporters of Local Papers may be allowed to see the judgment? yes It is her case that for reaching her land, she has to pass through land comprised in khasra No. 404 min but Respondent has obstructed this path on one end of khasra No. 404 min by erecting a wall and putting a pole on the other end and by sowing vegetables in between. The path in dispute is stated to be in use for the last more than 30 years and thus the Appellant has a right over the path. In these circumstances, suit was filed for removal of the obstruction.

(3.) The Respondent contested the suit by filing written statement and asserted that there was no path through khasra No. 404 min. In these circumstances there is no question of removal of obstruction. The Appellant had filed replication and reasserted her case while denying the defence of the Defendant. On the pleadings of the parties the following issues were framed and reframed as follows: