PRITAM CHAND Vs. SATISH MEHTA

JUDGEMENT

(1.) The plaintiff instituted a suit against the defendant claiming therein, a, decree for mandatory injunction as well as for permanent prohibitory injunction.

(2.) Briefly stated the facts of the case are that there is "Sharyam" path in the land comprised in KhataKhatauni No.99/144, Khasra No.221, measuring 0-02-40 hectares in Chak Alaong as per Misal Haquiat 1997-98. It is averred that through the said path the plaintiff along with his family members, go to bazar, fields and the main road along with other villagers and it has been in the use of the plaintiff and other persons for the last more than 70 years. The user of the plaintiff is continuous without any interruption and as of right. It is averred that in the month of July, 2004, the defendant interfered with the right of the plaintiff in the disputed path by erecting a stair on it. The defendant further started raising a structure on the disputed path. The spot was shown to Patwari Halqua and Vice President, Panchayat and thereafter the plaintiff obtained the tatima of the spot showing the encroachment and interference by the defendant in the disputed path.

(3.) The defendant contested the suit and filed written statement. It is pleaded that the construction is not raised on the disputed path but it is raised on abdideh land comprised in khasra No.214. He denied of having raised any construction upon the disputed path. Visit to the disputed path by the Patwari Halqua and Vice President of the Panchayat is also denied.