MANISH KUMAR Vs. INDU SINGHAL

JUDGEMENT

(1.) The present appeal under Sec. 100 of the Code of Civil Procedure, 1908 has been preferred against the judgment and decree dt. 20/9/2016, passed by the Additional District Judge No. 4, Bikaner (hereinafter referred to as the 'Appellate Court'), vide which the judgment and decree dt. 25/1/2016, passed by Additional Civil Judge, No. 1, Bikaner (hereinafter referred to as the 'trial Court') has been affirmed.

(2.) The relevant facts if stated concisely runs as follows. The plaintiff-Smt. Indu Singhal, respondent herein, filed a suit for permanent and mandatory injunction and so also for enforcement of her easementary right with respect to open land/lane between her house i.e. quarter No. 3 and defendant's house being quarter No. 10 in Pokar Quarters, Bikaner. According to the facts set out, in all 13 quarters were constructed by Ramratan and Krishna Kant. The plaintiff/her father-in-law have been living in quarter No. 3, as tenants since 1948. Subsequent thereto, the landlord sold the said quarter to the plaintiff vide a registered sale deed dt. 22/6/1981, which sale deed contained a clear stipulation to the effect that the open land/gali between Quarters No. 3 and 10 having width of 4 ft. shall be kept open for easementary rights of air and light. The adjacent quarter No. 10 later came to be purchased by the defendant by way of registered sale deed dt. 29/3/2009, who started raising construction on the 4 ft. strip of land meant to be kept open.

(3.) Faced with this, the plaintiff-respondent herein instituted the subject suit.