MAN SUKH Vs. JAGDISH CHAND

JUDGEMENT

(1.) The petition arises out of the judgment of the learned District Judge, Kinnaur at Rampur dated 24th May, 2000.

(2.) In order to appreciate the controversy, few facts may be noticed; Plaintiff-appellant Jagdish Chand filed a suit for declaration and permanent injunction seeking declaration that only approach to his house, located on Khasra No. 3611 in village Khunn of Tehsil Ani in the District of Kullu, is through the fields of the defendant and other villagers, The path, it was claimed, is about 2-1/2 feet in breadth. It was the case of the plaintiff that he and his predecessor-in-interest had been using this path openly, peacefully and continuously without any interruption and as a matter of right for the last more than 100 years. In the alternative, plaintiff claimed customary right to pass through the fields of the defendant. Plaintiff sought restraint on the defendant from causing any obstruction over the path, as claimed by the plaintiff through the fields of the defendant.

(3.) The suit was resisted by the defendant. The allegations were controverted. Several preliminary objections were taken. On merits, defendant claimed that there was no path in existence through land of the defendant as claimed by the plaintiff. A specific objection was taken that the plaintiff has not mentioned the Khasra number of the field over which such a path exists. Defendant pleaded that he has raised an apple orchard on the land over which plaintiff claims path. According to the defendant, plaintiff has a passage to his house from a path through a "Nallah".