SWAROOP CHAND Vs. DEVINDER KUMAR

JUDGEMENT

(1.) THIS Regular Second Appeal by the defendant is directed against the judgments and decrees of the two Courts below, whereby suit filed by respondent Devender Kumar, hereinafter referred to as plaintiff, has been decreed and appeal filed against the decree of the trial Court by appellant Swaroop Chand, hereinafter called defendant, has been dismissed, by the first Appellate Court.

(2.) RELEVANT facts may be noticed. Plaintiff Devender Kumar filed a suit for issuance of permanent prohibitory injunction restraining the defendant from obstructing, in any manner, the path leading to his house, standing on Khasra No.246, through Khasra Nos.233 and 244, situate in Mohal Khaliyar, Mandi Town. He also sought issuance of mandatory injunction directing the defendant to remove the obstruction already caused by him by raising a wall on a portion of the boundary of Khasra Nos.244 and 233.

(3.) DEFENDANT -appellant denied that the plaintiff had any right to use any portion of Khasra No.244, as a passage, for approaching Khasra No.246. It was stated that there was a road adjoining Khasra No.246, belonging to the plaintiff and he had access to his property though that road. Some preliminary objections were also raised.