RAMESH KUMAR Vs. Y.C.FACHEY

JUDGEMENT

(1.) This order will dispose of CMP No. 298 of 1999 and in consequence thereof Regular Second Appeal No. 16 of 1991.

(2.) Briefly, facts are that the plaintiff -appellant filed a suit for declaration as well as permanent and mandatory injunction as for back as the year 1982 on the pleadings that he is the owner of the house and shop situated in Khata No. 225, Khatauni No. 478, Khasra No. 176 in Mohal Sadarpur Mauza Rajiana, Tehsil and District Kangra and has a right of ingress Sand egress for himself and his customers through the open and vacant land between his shop and the hospital read of the defendants as shown by the letters A, B, C and D (Khasras No. 146 and 147) in the site plan attached with the plaint, for ever 25 years I without any interruption as a right of easement of necessity and custom.

(3.) The suit was of course contested by the defendants, - including defendant No. 2 the State of Himachal Pradesh. Ultimtely, the suit was dismissed by the learned trial Court i.e. Sub Judge 1st Class, Kangra vide his judgment dated 26.2.1986, whereby it was held that the plaintiff was not found entitled to either easement of necessity or acquisition of right by way of prescription or even as to any customary right over khasras No. 146 and 147. Obviously, the plaintiff filed an appeal, which unfortunately for him was also dismissed by the lower appellate court of the learned Additional District Judge (I), Kangra at Dharamshala by judgment dated 24.10.1990. Hence the present second appeal out of which the said application arises.