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1974 Supreme(Pat) 110

MADAN MOHAN PRASAD
Deep Chand – Appellant
Versus
Kasturi Devi – Respondent


Judgment

1. This second appeal arises out of a suit for a declaration of a right of easement over certain lands and for a permanent injunction restraining the defendants from interfering with the exercise of the said right.

2. The plaintiffs case, shortly stated, is as follows. The first plaintiff had purchased in the year 1944 the lands of plot No. 622 of mauza Daulatpur Abdul Chak which is situated south of a road going from Jehanabad to Arwal. In between the road and the aforesaid plot there are the Chant lands of the road and plot No. 622 which was purchased by the defendants in the year 1959 from one Hari Prasad Khetan, a relation of the first plaintiffs husband Murlidhar Khetan. The said plaintiffs husband Murlidhar had founded a high school which was situated at another place in the town of Jehanabad. The school could not get recognition owing to lack of accommodation. The first plaintiff, therefore, made her plot available for the construction of a building for the school. The construction was taken up and it had proceeded to chest height. In order to facilitate the construction of the school Hari Prasad Khetan had granted permission for taking of bricks and other materials





















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