BALJIT SINGH & OTHERS Vs. JEEWAN SINGH

JUDGEMENT

(1.) This appeal has been filed by the defendants against the judgment and decree dated 5.2.2005 passed by the learned District Judge, Hamirpur, affirming the judgment and decree dated 1.9.2003 passed by the learned Sub Judge Ist Class -(1), Court No.2, Una, whereby the suit filed by the respondent -plaintiff has been decreed.

(2.) The brief facts of the case are that the plaintiffs - respondents, (hereinafter referred to as the 'plaintiff') filed a suit for permanent injunction restraining the defendants - appellants (hereinafter referred to as the 'defendant') from blocking and causing any sort of obstruction in the right of the passage shown by letters 'A' to 'G' by raising mangers at point 'H' and 'I' and further raising any sort of construction over there and the passage and installing pegs for tethering cattle at points P1 to P5 shown red in colour in the site plan, situate in village Tabba, Tehsil and District Una, H.P. and for issuance of mandatory injunction directing the defendant to remove the obstruction by removing the mangers and pegs in the passage.

(3.) The plaintiff has averred that he has got his abadi in village Tabba, Tehsil and District Una, which is shown in green colour in the site plan and the defendant has also got abadi in the same village which is shown in yellow colour in the site plan. There is a common passage connecting Una - Nangal road marked by letters 'J' to 'N' shown red which runs from "South to East" and then towards "North on the back of the abadies" and in between abadies which connects the passage marked by letters 'A' to 'G' shown red in colour. The passage is 9 feet in width throughout. The plaintiff and his family members alongwith other neighbourers are using the said passage without any hindrance.