SATYA BALA AND ORS. Vs. ONKAR CHAND

JUDGEMENT

(1.) THE defendants are the appellants before this Court who have preferred appeal against the judgment and decree dated 21.6.2002 passed by learned Addl. District Judge, Hamirpur in Civil Appeal No. 90/95 who not only reversed the judgment and decree dated 31.5.1995 passed by the learned trial Court but also dismissed the cross -appeal.

(2.) THE facts as necessary may be stated thus; the plaintiff/respondent claimed himself to be owner in possession of land comprised in khata No. 230/1, khasra No. 854, measuring 1 kanal 9 marlas, as per copy of Register Karbai, situated in Tika Hatli, Mauza Galore, Tehsil Nadaun, District Hamirpur, H.P. (to be called hereinafter as suit land). The defendants were owners of Khasra No. 853. Both these Khasra numbers were previously part of Khasra No. 1564/738 old. Khasra No. 853 is on the main road and there is a path through khasra No. 853 to khasra No. 854. This path has been in use of the plaintiff from the time of his ancestors and therefore, he has easementary right of passage through khasra No. 853 for the last more than 100 years.

(3.) IT was averred that the defendants have collected the material for the purpose of raising construction over the land comprised in khasra No. 853 and have openly threatened the plaintiff to block the passage leading to the suit land. The defendants were requested not to block the path to the suit land but of no avail, hence this suit.