JAGAT SINGH Vs. BADRI NATH
LAWS(HPH)-1997-4-5
HIGH COURT OF HIMACHAL PRADESH
Decided on April 03,1997

JAGAT SINGH Appellant
VERSUS
BADRI NATH Respondents


Referred Judgements :-

UGAMSINGH AND MISHRIMAL VS. KESRIMAL [REFERRED TO]


JUDGEMENT

R.L.Khurana, J. - (1.)This regular second appeal has been directed by the defendant against the judgment and decree dated 28.10.1988 of the learned District Judge, Chamba, reversing the judgment and decree dated 15.6.1988 of the Senior Sub-Judge, Chamba.
(2.)Respondents 1 to 7 were the plaintiff's before the trial court. They prayed for the relief of permanent prohibitory injunction bn the allegations that they are the owners and in possession of the land measuring 1 bigha 3 biswas comprising of Khasra No. 684 in Mohal Mugla, Chamba town. The defendant is the owner and in possession of land measuring 7 biswas comprising of khasra Nos. 1591/1243 and 1584/1482 in the aforesaid Mohal Mugla. There exists a path in the land comprising of khasra No. 1584/1482/1 as shown in the Aks Tatima annexed with the plaint and such path is being used by the plaintiff's for going to and coming from their land since the time of their forefathers. They have been taking their cattle also through this path. In the month of 'Bhadon' 2035 B.K, the defendant has closed the path forcibly by planting bushes.
(3.)The defendant resisted the suit and denied the existence of any path through his land. On the pleadings of the parties, following issues were framed by the learned trial court :-
1. Whether there is any passage of the plaintiffs over khasra No. 1584/1482/1 as alleged in para No. 2 of the plaint? OPP 2. If issue No. 1 is proved, whether plaintiffs are entitled to the relief of injunction as prayed for? OPP 3. Whether the suit is within time? OPP 4. Whether act and conduct of the plaintiffs is a bar to the present suit? OPD 5. Whether plaintiffs have deposited Rs. 40 as costs for the filing of this suit as ordered by the court in previously instituted suit, if not to what effect? OPP 6. Relief.
The learned trial court found issues No. 1 and 2 against the plaintiffs. Issues No. 3 to 5 were decided in favour of the plaintiffs and against the defendant. Consequently vide judgment and decree dated 15.6.1988 the suit of the plaintiffs was dismissed.


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