VINOD KUMAR Vs. VIPIN KUMAR

JUDGEMENT

(1.) The appellant is the plaintiff, who lost before both the learned Courts below, has filed the instant appeal on the ground that the findings recorded by the learned Courts below are totally perverse and, therefore deserves to be set-aside.

(2.) Brief facts giving rise to the present appeal are that the plaintiff filed a suit to the effect that he alongwith his family members has got a right of passage to use the 'maind' of defendant No. 1, being his elder brother and having inherited the land from their father late Sh. Fquir Chand, which was subsequently partitioned. Such land was comprised in Khasra No. 2469/1518. Apart from seeking declaration, relief of permanent prohibitory injunction was also sought for restraining the defendants from blocking the said passage of using their 'maind' for any other purpose.

(3.) The suit was contested by the defendants by filing written statement wherein preliminary objections regarding maintainability, cause of action, locus-standi, non-rejoinder of necessary parties and suppression of true and material facts were raised. On merits, it was pleaded that the parties were residing separately since long in their separate houses. However, it was denied that the suit land had been partitioned. It was rather alleged that the father of the parties had executed a sale deed by way of Tatima in favour of the plaintiff and defendant No. 1 and that the suit land had been given to the plaintiff in the manner so that the Government land and open khad situated alongside the suit land, which was a motorable road could be used by the plaintiff to approach the suit land and his fields. It was denied that the plaintiff was using any maind of the defendants to approach his agricultural fields. It was alleged that it was since the time of their father that the Government land being used as a passage by both the parties and no such passage otherwise existed on the land of the defendants.