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1978 Supreme(Cal) 334

CHITTATOSH MOOKERJEE
Bhabendranath Thakur – Appellant
Versus
Parul Bala Das – Respondent


Advocates:
Advocate Appeared:
Sudhis Das Gupta and Tarun Chatterjee for appellant
Saktinath Mukheree, S.P. Roy Chowdhury and Birendra Kumar Bhowmick for respondents nos. 1 to 5

JUDGMENT

The point for consideration in this second appeal is whether or not on the basis of lost grant or by prescriptive user, the plaintiff-respondent No. 1. Sm. Parul Bala Dasi, has any right of way over the disputed strip of land measuring 13 feet in length and 10 feet in breadth lying on the north-west of C.S. plot No. 507 corresponding to R.S. Dag No. 744), Khatian No. 115 Mouza Jadavpur, Originally, Parul Bala, the plaintiff respondent No. 1, along with five others had filed the suit out of which this second appeal arises inter-alia for declaration of the plaintiffs right of way and for further declaration that the defendants were not entitled to obstruct the enjoyment of the said right and for permanent injunction to restrain the defendants from interfering with the said right of the plaintiffs. Subsequently, a prayer for mandatory injunction was inserted by the amendment of the plaint of the suit. Subsequently, the plaintiff nos. 1, 3 and 4 jointly with the contesting defendants had filed petitions of compromise. The learned Munsiff, 1st court, Alipore, had dismissed the suit on compromise in terms of the said petition so far as the plaintiff Nos. 1, 3 and 4 are concerned.




























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