KRIPA NATHA CHAKRAVARTY AND ORS. Vs. RUP CHAND LUNAWAT

JUDGEMENT

(1.) THIS petition of revision is directed against an order of Mr. C.N. Bora, Subordinate Judge, L. A. D. dated 8 -6 -1954 by which he granted plaintiff -opposite party an injunction restraining the defendants who are now petitioners before us from exercising a right of way over a path which had been allowed to them under Section 147, Criminal P. C. by the Additional District Magistrate of Cachar by his order dated 9 -10 -1953.

(2.) THE facts leading to the suit out of which this petition arises are as follows: There was a dispute between the defendant -petitioners and Rup Chand Lunawat, plaintiff -opposite party in regard to the right of access over the disputed pathway. The defendant in this case instituted a proceeding under Section 147, Criminal P. C. It was found in that proceeding that prior to 10 -6 -1953 the path was used by the first party (defendant -petitioners) consisting of six families. The path was closed by a wooden gate on the front side and bamboo fencing on the back side enclosing both Beat Nos. 17 and 18. The closure of the path was found to be the cause of great inconvenience to the six families who were compelled to use the longer route to come to the main road. On the basis of these findings, it was ordered that the first party (now petitioners) had the right to use the narrow strip of land in question as a pathway. Interference with this right of way was prohibited.