VIDYA DEVI Vs. PREMLATA SINGH

JUDGEMENT

(1.) THIS appeal by the plaintiff is against the judgment and decree dated 4.9.1993 passed by 6th Additional District Judge, Bhagalpur in Title Appeal No. 65 of 1989 thereby the learned Additional Judge has allowed the appeal in part and to that extent, the judgment and decree dated 22.6.1989 passed by Munsif -II, Bhagalpur in Title Suit No. 98 of 1985 has been set aside. The plaintiff -appellant filed the suit in question for declaration of her title upon the suit land as well as for removal of encroachment, obstruction etc. made by the defendant -respondents. The case of the plaintiff is that she purchased 1 katha 2 dhurs of land out of Holding No. 15 from one Ramdas Singh through registered sale deed dated 25.3.1982. On the same day, defendant no.1 also purchased 2 katha 10 dhurs parti land from same vendor out of same holding. There was 3' wide passage (suit land) starting from Kashi Mistry lane to western extremity of plaintiff's land for ingress and egress. Later on, the plaintiff purchased the said passage through registered sale deed dated 29.5.1985. Thereafter, the plaintiff constructed house on purchase land and opened door and window opening in the said passage. The plaintiff also raised 1' high wall towards western extremity of the passage. The further case is that the vendor had left 2' wide open space in between plaintiff and defendants land for flow of water and enjoyment of air and light.

(2.) FURTHER case is that while the plaintiff had gone to Bhagalpur the defendants encroached upon the open space left by the vendor and also 2 1/2" Kaska land of the plaintiff leading to closure of window due to projection. Details of encroachment, obstruction etc. have been given in the plaint as well as in map attached to the plaint.

(3.) THE learned trial court framed as many as seven issues. The Issue No. 5 runs as follows: -