RAMESHWAR NATHANI Vs. BHURALAL PANCHOLI

JUDGEMENT

(1.) THIS is the unsuccessful defendant's second appeal in a suit under article 25 Group-B Schedule I of the Revenue Courts Procedure and Jurisdiction Act filed by the respondent plaintiff Bhuralal which was decreed by the S. D. O. and confirmed in appeal by the learned Additional Commissioner, Udaipur.

(2.) WE have heard the counsel appearing for the parties and have gone through the record of the case. It transpires that the plaintiff respondent No. 1 filed a suit in the court of the S. D. O. Bhilwara claiming a right of way through the fields of respondents No. 2 and 3 and the defendant appellant. The trial court decreed the suit and held that the plaintiff had a right of way to go on foot through the fields of the respondents No. 2 and 3 and to take his cart through the field of the defendant appellant. Harlal and Moti Gadri defendants respondents were apparently satisfied with his decree as they did not go in appeal before the Additional Commissioner Shri Rameshwar Nathani the appellant defendant alone went in appeal before the learned Additional Commissioner The learned Additional Commissioner examined the facts of the case and after hearing the parties come to the conclusion that the plaintiff-respondent used to take his cart through the field of the defendant appellant and this track existed for the last 10 years, and that it had recently been obstructed by a gate on this track thereby denying the right of way to the plaintiff respondent namely Bhonralal Pancholi. Accordingly he rejected the appeal and the judgment of the trial court was upheld. Hence this second appeal before the Board.