RAM KRISHAN Vs. SANT RAM

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs, who are aggrieved against the judgment of reversal. Suit claiming a decree for permanent injunction filed by the plaintiffs, was decreed by the learned Trial Court. Appeal filed by the defendants challenging it, stands allowed and this is how the plaintiffs are in second appeal. Parties hereinafter in this judgment shall be referred to as plaintiffs and defendants.

(2.) The dispute pertains to a path, which according to the plaintiffs starts from Khasra No. 943 and after passing through Khasra Nos. 794, 818 and 820 touches the houses of the plaintiffs in Khasra Nos. 823 and 830. For better understanding, the location of the path, Musavi Ex. P-1 and plan prepared by the Kanungo Ex. PW-1/A as well as Ex. D-1 placed on record by the defendants can be looked into with advantage.

(3.) This is also not denied that the dispute in respect of the path alleged by the plaintiffs is in respect of Khasra No. 818, which has been gifted by one Sagar Chand to the defendants. According to the plaintiff, they have acquired right of easement by way of prescription on the passage in dispute and this passage is claimed by them to have been built by their ancestors and has been in use for over hundred years.