KARAM SINGH Vs. BHAG SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 26.2.2011 passed by learned District Judge, Bilaspur in Civil Appeal No. 34 of 2009 affirming judgment, decree dated 20.6.2009 passed by learned Civil Judge ( Jr. Division), Court No. 2, Ghumarwin, District, Bilaspur, H.P.

(2.) THE Appellant had filed a suit for declaration, permanent prohibitory injunction that he has acquired the right over passage by way of easement of prescription or necessity or custom on the land measuring 5.2. bighas, comprised in khasra No. 137, abadi deh situated in village Nalti, Pargna Sariun, Tehsil Ghumarwin, District Bilspur.

(3.) IN the plaint, the Appellant has prayed for declaration to the effect that he has got the right by way of easement to use the path through land measuring 5.2 bighas by way of prescription or necessity or custom. The Appellant has not identified the passage by way of tatima over land measuring 5.2. bighas. This apart, the Appellant has appeared as his own witness and in his statement he has stated that he and his family were using the passage which leads to his house by the side of the house of the Respondents. In his statement he has again not identified the passage of which he sought declaration and injunction. In his statement he has not stated acquiring of easement by way of prescription or necessity or custom over the suit land. PW -2 Bhup Singh has stated that the passage for which the Appellant had filed the suit is open on the spot. The Appellant has not led any evidence for acquiring right over the passage by way of easement of prescription or necessity or custom.