MOHAN LAL AND ANR Vs. MAHESH AND ORS

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 27.7.2009 passed by Additional District Judge (Fast Track) No.2, Karauli in Civil Appeal No. 144/2009 confirming the judgment and decree dated 11.1.2002 passed by Civil Judge (Junior Division), Karauli in Civil Original Suit No. 67/93.

(2.) THE short facts of the case are that plaintiff appellants filed a suit for grant of permanent injunction with the pleadings that they have purchased a residential house vide registered sale deed dated 18.6.86. The entrance of the house is from South through stairs on a pathway which are 10 feet wide. The seller Hari Das and his ancestors were using the aforesaid stairs for incoming and outgoing from the house from more than 100 years. The plaintiffs were also using the said pathway without disturbance and they have no other way to reach their house. The plaintiff appellants have easementary rights for the above pathway. The respondents have tried to close the pathway, hence the suit has been filed which was dismissed and appeal has also been dismissed, hence this second appeal.

(3.) THE contention of the appellants is that as per Section 6 -C of the Transfer of Property Act, the easement right has been transfered to him with the sale of the property and reliance has also been placed on Section 19 of the Easement Act which provides that transfer of dominant heritage passes easement and contention of the appellants is that in sale deed, a way has been allowed to him and there is also an easement of necessity in favour of appellants as no other way is there to reach their house.