SHANKAR DASS Vs. JATMAL

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PLAINTIFF -respondent filed a suit claiming passage through Abadi Deh, bearing Khasra No. 1403. The passage was shown by letters A,B,C & D in the site plan, Ex. PW-1/A, filed with the plaint. It was claimed that through this passage the plaintiff had access to his house, standing on Khasra No.1403, which he owns jointly with his brother, and also to his house, standing on Khasra No.1402, which too is joint of himself and his brothers. The plaintiff claimed that he had acquired the right of passage as he had been using it for the last about 60 years openly, as of right and without interruption.

(3.) LEARNED trial Court dismissed the claim of the plaintiff holding that the site plan that had been filed with the plaint did not depict the position prevailing on the spot, correctly. Appeal was filed against the decree of the trial Court. The learned Additional District Judge accepted the appeal and decreed the suit of the plaintiff holding that no alternative passage is available to the plaintiff and that the path claimed by the plaintiff, through Khasra No.1403, is the only approach connecting the main Gohar with his houses, standing on Khasra Nos. 1403 and 1402.