TARA CHAND AND ORS. Vs. NAG AND ORS.

JUDGEMENT

(1.) JUDGMENT and decree dated 14.1.2004, passed by learned District Judge, Mandi, in Civil Appeal No. 8 of 2002, is under challenge in the present appeal.

(2.) THE appeal has been admitted on the following substantial question of law:

(3.) AS a matter of fact, the villagers have customary rights to use the land of each others to have access to their fields to carry out agricultural operations. Copy of 'Wazib -ul -arj' Ext. PC has been produced in evidence in this regard. The appellants -defendants somewhere in the month of April, 1996 put barricades over the path at point "B" in the map Ext. PD and blocked the path in question at that point. They did not allow the plaintiffs and their other family members to have access to their land for carrying out agricultural operations, hence the suit for a direction to the appellants -defendants mandatory in nature, i.e., to remove the obstruction they caused over the path at point "B" and to restrain them by way of passing decree for permanent prohibitory injunction from causing obstruction in the path in any manner whatsoever and stopping the plaintiffs from using the path in question.