PANNA LAL Vs. BOHRA PANNA LAL

JUDGEMENT

(1.) This is an appeal by the defendants arising out of a suit brought by some Managers of the Ram Lila Committee for a declaration of a right of easement and for the demolition of certain buildings erected by defendant No. 2 with the permission of defendant No. 1 on a plot of land No. 607. The plaintiffs also claimed an injunction.

(2.) The point raised by the plaintiffs was that the Hindus of Karhal used to hold Bharatmilap and, in order to get to plots Nos. 604 and 606, they used to pass over plot No. 607, and that, because of that user, they had acquired a right of easement of passage over plot No. 607.

(3.) The contention of the defendant was that Bharatmilap processions, after passing over the public road, passed over plot No. 608 and from that to the Chabutra in No. 604. The defendants did not contest the plaintiff's right to celebrate the Bharatmilap on plot No. 604 or 606; what they said was that the plaintiffs or their predecessors had not acquired any right of easement over plot No. 607, but that there was already a passage which they could use for the procession.