HEMANGINI DEVI Vs. BEJOY SINGH DUDHARIA

JUDGEMENT

(1.) This appeal arises out of a suit for a declaration of the plaintiff's right to a pathway, and for a mandatory injunction for the removal of an over-bridge, which the defendants had constructed over the pathway, on the allegation that the pathway was a private pathway belonging to the plaintiff, and that the defendants had no right to construct the overbridge.

(2.) The defendants, among other things, denied the plaintiff's right, and also pleaded that the plaintiff was precluded, by reason of acquiescence in the construction of the overbridge, from having it demolished.

(3.) The Court of first instance declared the title of the plaintiff to the disputed pathway, but refused the mandatory injunction to demolish the overbridge, and gave the plaintiff a decree for Rs. 100 as damages.