BRESTUA & ORS Vs. RAJINDER SINGH & ORS

JUDGEMENT

(1.) The judgment and decree dated 13.6.2003 passed by learned District Judge, Kinnaur, at Rampur Bushahr, H.P. in Civil Appeal No. 26 of 1999 is under challenge in this appeal. The appeal has been admitted on the following substantial question of law:

(2.) Therefore, in order to determine the legality and validity of the impugned judgment and decree, facts of the case and evidence produced by the parties on both sides is required to be taken note of briefly.

(3.) The dispute in the present lis is qua the existence of path allegedly through edges (mainds) of the fields of appellant-defendant No. 2 Rati Sukh bearing Khata Khatoni No. 77 min/151 min Kh. No. 774, measuring 0-40-68 hectares and that of Bhaginar appellant-defendant No. 3 entered in Khata Khatoni No. 80/154, Kh. No. 696 measuring 0-23-58 hectares and Kh. No. 697 measuring 0-01-68 hectares situated in Up-mohal Powari Tehsil Kalpa, Distt. Kinnaur.