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1969 Supreme(Del) 169

V.D.MISRA
RAJA DHARAV DEV CHAND – Appellant
Versus
SHIAM SUNDER – Respondent


V. D. Misra J

( 1 ) THIS Second Appeal has been filed against the judgment of Additional District Judge, Kangra, and Hoshiarpur District whereby he upheld the findings of the trial Court and dismissed the suit of the appellants-plaintiffs.

( 2 ) THE appellants, who were the plaintiffs in the trial Court, brought a suit against the defendant (respondent) for declaration that they were the sole owners of a Khokha and Tharra forming part of Khasra No. 1070/342 and they had the right to use the street by virtue of their right of easement and the defendant (respondent) had no right to interfere with their possession and right to use the street. They prayed for a permanent injunction for restraining the defendant from interfering with their possession and the use of the street. The defendant resisted the claim of the plaintiffs on the ground that the plaintiffs were not the owners of the property in dispate and that they had not acquired any right of easement and that the property in dispute was a part and parcel of Unit No. BI-4s-179 which he had purchased from the Custodian and the street and the Khokha in dispute formed part of this Unit. The trial Court had framed various issues inclu




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