- (1.) THIS second appeal under Section 100 CPC is directed against judgment and decree dated 09.12.1992 passed by Civil Judge, Churu upholding the judgment and decree dated 18.01.1984 passed by Munsif, Churu, whereby, the suit filed by the plaintiffs -appellants was rejected.
(2.) THE facts in brief may be noticed thus: the plaintiffs Haider Khan and Ali Khan filed a suit against Ameen Khan and Umar Khan on 26.09.1975 seeking cancellation of sale -deed dated 07.04.1973 executed by Umar Khan in favour of Ameen Khan alleging the same to be fabricated and without consideration and void ab initio, the further claim was that the land comprised in the sale -deed was public lane (Government land) and, therefore, the possession, which has been taken over by Ameen Khan is unauthorized and he deserves to be evicted from the said land and the public lane was being used by the plaintiffs for getting light, air etc. and, therefore, they have easement and a declaration in this regard was also sought. A written statement was filed on 17.10.1979 by the defendants, wherein, the averments made in the plaint were denied and in additional plea, it was stated that the land in question belong to Umar Khan regarding which Patta in the name of Ashu Khan and Sakru Khan, father of Umar Khan and his father's elder brother existed, was sold; Ameen Khan was in possession of the said land; the plaintiffs want to grab the said land and, therefore, the suit has been filed; the plaintiffs have forcibly opened gate and windows, which never existed and, therefore, they cannot claim easement and it was prayed that the suit be dismissed.
(3.) THE trial court framed three issues. On behalf of plaintiffs PW -1 Haider Khan and PW -2 Amilal Puniya were examined and five documents were Ex.ed. On behalf of defendants DW -1 Razaq Khan, DW -2 Yasin Khan, DW -3 Baksu Khan and DW -4 Janu Khan were examined and no documents were Ex.ed.;