RAM CHANDRA RAM Vs. GAYATRI DEVI

JUDGEMENT

(1.) THIS second appeal directed against the judgment and decree passed by the 4th Additional District Judge, Gaya on 20th August, 1987 in Title Appeal No. 73/86, 1/87 affirming the judgment of the trial Court passed by the Additional Munsif -II, Gaya in Title Suit No. 83 of 1985/79 of 1986. The defendant of the suit is appellant before this Court.

(2.) THE case of the original plaintiff -appellant was that she had purchased the suit land, as described in Schedule -I of the plaint, in the year 1968 and constructed a house over the same. The defendant -appellant had also purchased her land from the same vendor and she also constructed her house. Both the, plaintiffs and defendants houses were situated in front of each other and in between the aforesaid two houses, the common vendor had left six feet wide road, running from north to south. This private passage between the houses of the parties originated from the Ramdaspur road in the south and it went upto the Municipal lane on the north. The defendant, however, encroached upon this six feet wide passage by making pucca construction and thereby caused obstruction to the plaintfiff in enjoying his ingress and egress to and from his house. The encroachment also obstructed flow of drain water from the plaintiffs house. The plaintiff -respondent therefore, filed the suit for removal of this encroachment on the private passage and the encroachment was described in Schedule -II of the plaint.

(3.) THE defendant -appellant denied that there was any encroachment upon the private passage, as alleged by the plaintiff. He rather pleaded that his vendor had promised to leave a 8 -feet wide road in between her house and plaintiffs house, but the plaintiff failed to abide by the limitations placed upon her sale -deed by the vendor and the result was that only 3 feet wide road was left in between the house of plaintiff and his own.