ALI MOHD ABDULLAH (MISTRY) Vs. KHAWAJA AB QADUS

JUDGEMENT

(1.) THIS is plaintiffs second appeal and arises out of a suit for declaration founded on right of easement and also for mandatory injunction that was decreed by the Munsiff, Doda, but on appeal was dismissed by the District Judge, Bhaderwah.

(2.) BRIEFLY stating the facts of the case are as under: There is a residential house of the plaintiffs -appellants situate in Khasra Nos. 969, 970 -min at Nagar, Bhaderwah. Land comprising Khasra No. 976 -min adjacent to these survey numbers belongs to the defendants. The plaintiffs claim a right of way over the land in khasra No. 976 -min. They also claim right to use the water of the spring located in the said survey number. The plaintiffs have averred that they have been enjoying this right of easement over the land of the defendants and they have been using the same as their pathway and also have been enjoying the water of the spring icr over twenty years. The defendants have raised obstruction thereon by erecting a wooden fence and thus have been and are preventing the plaintiffs from exercising this right of easement.

(3.) THE defendants resisted this suit on the ground that no such right of easement is available to the plaintiffs. The defendants have outright denied the right of easement, and also the right of the plaintiffs to use water of the spring located in the land of the defendants.