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1983 Supreme(P&H) 309

P.C.JAIN
Shri Nand Lal – Appellant
Versus
Mst. Chhottee – Respondent


Judgment

P.C.Jain, J.

1. Nand Lal, defendant has filed this regular second appeal against the judgment and decree of the learned Additional District Judge, Sonepat, dated 18th January, 1974, by which the judgment and decree of the trial Court decreeing the plaintiffs suit, have been affirmed.

2. In order to appreciate the controversy, certain salient features of the case may be noticed:-

Shrimati Chhotee had filed a suit against the defendant-appellant inter alia on the grounds that she and the defendant enjoy a common, passage, in between their houses, shown as RS and AB in the site plan, Exhibit P.1, that this passage leads to the village pond and ends there, that houses of many other persons whose names have been mentioned in para 3 of the plaint, also open in the street, that the defendant had raised a wall at point KP and had opened a door at point `Y so as to block the passage of the Galli leading to village pond, that the defendant wants to encroach upon this passage by still raising another wall at point CH as shown in the site plan, Exhibit P-1 and that in this manner the defendant has taken unauthorised possession of a piece of land marked KPAO and has obstructed the plain














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