JUDGMENT

Sureshwar Thakur, J. - Factual Background

1. The facts relevant to decide the instant petition, are that, consolidation operations were concluded in village Akala/Karnail ganj in the year 1959-60. Resultantly the land comprised in khewat No. 49, Khasra No. 40//6, 7, 8, 13, 14, 15, 17, 18; 41//9, 10, 11, 12, 13, 14, was allotted to Bishan Singh son of Nahal Singh, and, to Ishar Singh son of Jawala Singh, but to the extent of share each. Sh. Ishar Singh died and was survived by his legal heirs one Sh. Gursharan Singh, and, Sh.Gursher Singh. Gursharan Singh and Gursher Singh, to the extent of share, sold their land to Rattan Singh, whereas, to the extent of % share each, they sold land to Sangat Singh and Bishan Singh vide sale deed dated 19.01.1968, in pursuance whereto, mutation No.624 was recorded. Moreover, Rattan Singh and Sangat Singh sold lands measuring 11 Kanals 7 marlas, as comprised in Khasra No. 41/9, 10, 11, 12, 13 and 14.

Cause of Action

2. Since the finalization of consolidation operations in the village, the original owners and thereafter Rattan Singh were using the rasta/path on the eastern side of khasra No. 41//17, whereafter, the petitioner was also using this