ANIL KSHETARPAL
Mahinder Kaur – Appellant
Versus
Jatinder Singh – Respondent
ANIL KSHETARPAL, J.
The legal heirs of the plaintiff-appellants are in the Regular Second Appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the learned trial Court.
2. The dispute in the present case is with regard to a passage provided to the plaintiff as per the sale deed dated 10.05.1986. Late Sh. Ram Partap who was owner of the property while selling the land measuring 8 kanals to the plaintiff vide sale deed dated 10.05.1986 had provided a passage from his own fields located towards east of land sold. It is the case of the plaintiff that he has been using this passage since the time of his purchase. However, the defendants who are subsequent purchasers are trying to block the same. It is not in dispute that after the death of Ram Partap, the property was inherited by Chuhar Ram who had sold the land to Smt. Sushma and Gulab Rai who in turn sold the property to defendant No.1-Jatinder Singh vide registered sale deed dated 24.11.2003.
3. Learned trial Court after appreciating the evidence available on the file has found that since defendant No.1 has also purchased the property from same owner, therefore, defendant No.
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