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2018 Supreme(HP) 756

TARLOK SINGH CHAUHAN
Atma Ram (since deceased) through his LRs. – Appellant
Versus
Onkar Singh (since deceased) through his LRs. – Respondent


Advocates Appeared:
For the Appellant :Mr. Bhupender Gupta, Sr. Advocate with Mr. Ajit Pal Singh Jaswal, Advocate
For the Respondent:Mr. G.D. Verma, Sr. Advocate, with Mr. B.C. Verma, Advocate, Mr. Parminder Singh Kanwar, Advocate

JUDGMENT :

Tarlok Singh Chauhan, J.

The appellants are the successors-in-interest of defendant No. 1 and having lost before both the Courts below have filed the instant Regular Second Appeal. (Parties hereinafter shall be referred to as the ‘Plaintiffs’ and ‘defendants’).

2. The plaintiff/respondent No. 1 filed a suit for permanent injunction restraining the defendant No. 1 from interfering in any manner and causing any sort of obstruction in the right of passage and further restraining him from encroaching upon and from raising any sort of construction over the passage comprised in Khasra No. 433, Khewat No. 943, Khatauni No. 1285, measuring 0-18 marlas as entered in the jamabandi for the year 1980-81. It was averred that the plaintiff alongwith the other residents of the village had their abadi and landed property in village Amb since the time of their ancestors and the aforesaid land was classified in the revenue record as “Share-aam-rasta” and being used by the villagers since the time immemorial and on such basis claimed the right of easement of prescription as well as easement of necessity and thereby prayed for decree for permanent injunction and in alternate for mandatory inju







































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