1963 Supreme(Raj) 100
BHANDARI
Bhauram – Appellant
Versus
Ladu Singh – Respondent
Advocates Appeared:
S.C. Bhandari, for respondents
Bhandari, J.—This is a civil second appeal on behalf of the defendants in a suit for injunction. The plaintiff-respondents and the defendant-appellants are residents of village Janaokhari (Tehsil Rajgarh). To the east of this place there is a johar (tank) known as Gogana tank. The plaintiffs case is that this tank is being used by the public. In the Settlement Record it is shown as Khasra No. 117 and in the plan filed with the plaint, it is denoted by the letter J. The plaintiffs case further is that Plaintiff No. 1 had his field—Khasra Nos. 145/50 adjacent to the village, and a village pathway passed from the village through his field and through the fields of other villagers and ended near the aforesaid tank. In the plan this pathway is shown A to B. The lower portion of this pathway is adjacent to the field of one of the defendants. The plaintiffs case is that this pathway was being utilized by the villagers of the village Janaokhari for taking their cattle to the aforesaid tank and for bringing water to the village from the tank. On or about 8th of August 1956 the defendants raised a wall near the point C in the plan and then obstructed the pathway. Thus, the plaintiff and the
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