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2023 Supreme(P&H) 504

ARUN MONGA
Union of India – Appellant
Versus
Asha Gupta – Respondent


Advocates appeared:
Mr. C.M.Sharma, Advocate, for the Appellant.;

JUDGMENT

Arun Monga, J. (Oral) - For convenience, parties herein are described as per recitals before the trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, the defendants are in second appeal before this Court assailing the trial Court judgment and decree dated 13.01.2011, as upheld by the learned First Appellate Court vide its judgment and decree dated 29.08.2013.

3. Briefly stated, facts as noticed by Courts below are that house in dispute is owned and possessed by the plaintiffs and it is being used by all the family members residing therein for the last many years. They have their ingress and egress from Dass Road, Ferozepur Cantt. There are two entrance gates to the said house; one is main gate towards east side abutting Dass road and side small gate is towards south side abutting the other road.

3.1 It is further alleged that the plaintiffs have fundamental right to stay in their house and to freely use all public roads for approaching their house. No person or authority has any right to put any hindrance or hurdles in their free use of the public roads. Bungalow No.56 was initially purchased by Nathu Ram for Rs.15,000/- being the highest bidder

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