SATYA DEVI Vs. SANSAR CHAND

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SUIT was filed by the appellant Tirath Ram (now deceased and represented by his LRs.), seeking a declaration that he had easementary right of necessity as also of prescription to pass through the vacant site, having 7.5 feet width, lying in front of the house of respondents-defendants and also for mandatory injunction, directing the defendants to remove the obstruction caused by them on a portion of that vacant site (hereinafter called path), whereby the width of that path had been reduced to 2.5 feet and to restore the width to its original dimension and also for permanent prohibitory injunction restraining the defendants-respondents from causing any obstruction in the said path. It was stated that the plaintiff had been using the aforesaid path since the times of his forefathers for going to his house and such user was going on for the last more than sixty years. It was alleged that the path had been used continuously without any objection or obstruction. It was further stated that in August, 1986, defendants reduced the width of that part in front of their house by constructing some stairs. The width was alleged to have been reduced to 2.5 feet. The suit was filed in June, 1987. Initially, only one of the respondents, namely Sansar Chand was impleaded as defendant.

(3.) RESPONDENTS -defendants contested the suit. They denied that the plaintiff had the right to use the vacant site lying in front of their house as passage. It was alleged that passage for reaching the village common path was available to the plaintiff from the other side of his house and that the width of that passage was equal to the width of the vacant site lying in front of the plaintiff's house. It was claimed that the vacant site lying in front of the house of the defendants was used by them as exclusive approach for their own house and that no other person including the plaintiff had the right to pass through that site.