VIDYADHAR RAI Vs. KHARA NAND RAI
LAWS(ALL)-1971-11-5
HIGH COURT OF ALLAHABAD
Decided on November 16,1971

VIDYADHAR RAI Appellant
VERSUS
KHARA NAND RAI Respondents

JUDGEMENT

- (1.) THESE are two con nected appeals, arising out of the follow ing facts:- Khara Nand Rai filed a suit against the appellants that the appellant had stopped his right of passage through the Gali by constructing a wall and had opened a door in his Sehan on which the defendants had no right of ingress and egress. Khara Nand Rai also prayed for a permanent injunction restraining the appellants from interfering in his posses sion over this sehan land. The other suit was filed by the appellants against Khara Nand Rai for the removal of certain con structions and injunction. The plaint allegations in one case were the defence allegations in the other.
(2.) AS both the suits related to the same piece of land, therefore, they were consolidated and tried together. The learned Munsif decreed in part the suit filed by Khara Nand Rai. He also decreed the appellants' suit in part. Each party, therefore, filed two appeals in the lower appellate court. All the four appeals were decided by a com mon judgment. The two appeals filed by the appellants were dismissed, and the appeals filed by Khara Nand Rai were partly allowed.
(3.) BEING dissatisfied, the appel lants have filed the present Second Ap peals.;


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