KISHORI LAL Vs. CHAMAN LAL

JUDGEMENT

(1.) THIS Civil Second Appeal arises out of the judgment and decree of District Judge, Kathua, dated 31st of March, 1988, passed in Civil Appeal No. 45 of 1983, titled Madan Gopal and others Vs. Gur Dei and others. The facts relevant for the disposal of the present appeal are as under:

(2.) THE dispute between the parties is over a piece of abadi deh land situate in Taraf Tajwal, Tehsil Kathua. The land belonged to one Kanshi Ram. Kanshi Ram had three sons namely Nathu Ram, Ram Rattan and Munshi Ram. On Kanshi Rams death the land devolved upon his sons. Nathu Ram and Munshi Ram too have died.

(3.) THE plaintiff, thus contended that defendant -1, Ram Rattan was blocking the passage to the property at point market "CB shown in the site plan annexed with the plaint and was going to raise construction on the land. He, therefore, prayed for a decree of permanent injunction restraining the defendants from blocking the passage and also restraining him from installing a Saw Machine on the land.