ABDUL AZIZ OURAISHI Vs. ILLIYAS QURAISHI AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the appellant.

(2.) THE defendant in the suit is the appellant in this appeal against the judgment and decree of affirmance.

(3.) THE plaintiffs' case in short is that the aforesaid suit plot is a public land and has been recorded in the survey khatian in the name of State of Bihar. It is the further case of the plaintiffs that the suit plot is the only land through which the plaintiffs approach the public road from their house and there is no other way available to the plaintiffs for ingress and egress from their house. The plaintiffs have also asserted that they have been flowing the drain water in the suit land. The suit has been filed alleging encroachment over the suit land by the defendants restricting the user of the suit land by the plaintiffs.