FAQIR CHAND Vs. SOORAJ SINGH

JUDGEMENT

(1.) This is an appeal by the plaintiffs, who are residents of village Bhawanipur, Pargana Sambhal, District Moradabad, in a suit for injunction. The reliefs claimed were that the defendant be directed to remove certain constructions from plots 38 and 39 which form-ed part of a passage running through the Village and that he be prevented from interfering with the plaintiffs right to take their carts and their processions on occasions of death and marriage along the route in future.

(2.) The allegations in the plaint were, that a passage ran through village Bhawanipur on plots 31, 38, 39 and 44, on either side of which there were residential houses, that on the western side of the passage there was plot 41, on which the defendant had his house, that the defendant by extending that house had occupied plot 38, forming part of the passage and thereby completely blocked the same, that the plaintiffs used to pass over the passage and also take their carts and processions, and that: (rain) water of the village also used to pass through the said passage, which too had been stopped on account of the defendant's acts.

(3.) There was also a further allegation that the passage in question was connected with other villages on either side of village Bhawanipur, so that people from outside Bhawanipur also used to pass through it from one end or the other.