LAL CHAND Vs. UDAI RAM

JUDGEMENT

(1.) THIS is plaintiff's second appeal under S.100 CPC.

(2.) BRIEF facts, giving rise to this appeal are that the plaintiff filed a suit for permanent injunction, with the averments that Motia Bai is the owner of agricultural land measuring 13 bigha 17 biswa bearing khasra no.214 in village Kamkhidi, and plaintiff being power of attorney holder of Motia Bai, is looking-after the said land. Further it was the case of plaintiff that the way/path to approach his agricultural land, is situated in between khasra nos.208, 210 and khasra nos.211, 215 which was being used by him since last fifteen years regularly. It was also pleaded that after purchasing the lands bearing khasra nos.211 and 215 by defendant-respondent no.1 and defendant-respondent no.2-wife of respondent no.1, from the original owners, they had tried to destroy and block the path/way leading to the agricultural land of plaintiff and restrained him from approaching his fields through the existing way/path by planting three Orange trees and one Shehtut plant there.