SANT RAM Vs. LACHHO AND ORS.

JUDGEMENT

(1.) This Regular Second Appeal by one of the Defendants is directed against the judgment and decree dated 14th January, 1998 of learned Additional District Judge, whereby dismissing the appeal of the Appellant - Defendant, judgment and decree of the trial Court, decreeing the suit of the Plaintiff, has been upheld.

(2.) Plaintiff filed a suit for permanent prohibitory injunction restraining the Defendants from causing any interference in his land bearing Khasra No. 665, measuring 727 Sqm. It was alleged that the Plaintiff was owner in possession of land bearing Khasra No. 665, but the Defendants had started threatening to interfere in the land, claiming that they had a passage through the same, which was not correct.

(3.) Defendants pleaded that they had a passage running through the suit land, though it was conceded that the Plaintiff was the owner. It was pleaded that Defendants had acquired right of easement by passage of time. Plea of customary easement was also raised, which was given up at the time of final hearing.