PREM NATH KASHYAP Vs. NARINDER KUMAR

JUDGEMENT

(1.) APPELLANTS , hereinafter called plaintiffs, filed this appeal against the judgement and decree, dated 6.10.1994, of learned District Judge, Shimla, whereby accepting the appeal filed by the respondents, the learned District Judge set aside a decree of permanent prohibitory injunction of trial court passed in a civil suit instituted by the plaintiffs- appellants and dismissed the suit.

(2.) THE appeal was admitted by this court on 19.12.1994 on the following substantial question of law:-

(3.) PLAINTIFF was owner in possession of House No. 6, Upper Kaithu Bazar, Shimla. She had been approaching the first floor of the said house through the stairs shown by letters A.B.C.D., in the plan attached with the plaint. She acquired this right by prescription as she/ her predecessors- in -interest had been using the said stairs for approaching the first floor of the house for the last more than twenty years and such user continued within two years of the filing of the suit. It was also alleged that plaintiff had been using the aforesaid approach as an easement of necessity also in addition to easement by prescription. Defendants- respondents No. 1 and 2, who became the owners of the adjoining property by purchase from respondents No. 3 to 6, started interfering in the aforesaid right of passage of the plaintiff. On 20.7.1982, taking advantage of the old age and ill-health of the plaintiff, they started demolishing the stairs at points A.B.C.D. Plaintiff prevented them from doing so with the help of neighbours. She also reported the matter to the police. Then she filed the suit for permanent prohibitory injunction restraining the respondents- defendants No. 1 and 2 from causing any interference in her right to approach the first floor of her house through the stairs, in question.