VIDYA SAGAR Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) THE judgment and decree of affirmation passed by learned District Judge, Mandi, on 11.01.2001 in Civil Appeal No. 61 of 1997 approving judgment, decree dated 03.03.1997 passed by learned Senior Sub Judge, Mandi, in Civil Suit No. 94 of 1990 has been assailed by appellants/plaintiffs in the second appeal.

(2.) THE brief facts of the case are that appellants all sons of Dhan Dev filed a suit for permanent prohibitory and mandatory injunction against Dev their uncle and predecessor-in-interest of respondents. THE respondents 3 to 6 were also impleaded as defendants. After the death of Dev, Smt. Jageshwaru his widow and Smt. Kaushalya daughter were also impleaded as parties. Smt. Jageshwaru has also died. THE appellants and surviving respondents are cousins.

(3.) IT has been alleged that Dev agreed that he would not create hindrance in the peaceful enjoyment of path passing through Kh. No. 720 leading to the house of appellants situate on Kh. No. 702. The Assistant Collector, 2nd Grade, while attestation of mutation in pursuance of the order of the Financial Commissioner ignored the spirit and ratio of the order and conferred proprietary rights qua Kh. No. 720 upon Dev , path in question was also shown towards wrong direction vide order dated 08.04.1988 passed in mutation No. 705 which is also null and void.