Purshottam Nath Kapoor vs Natha Ahir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1974 Supreme(All) 322

JAGMOHAN LAL
Purshottam Nath Kapoor – Appellant
Versus
Natha Ahir – Respondent

Advocates appeared:
Naziruddin, Advocate, For the Appellant / R. K. Srivastava, Advocate, For the Respondent

JUDGMENT

Jagmohan Lal, J. - This second appeal has been filed by a plaintiff whose suit for injunction has been dismissed by the courts below. The brief facts of the case were that one Wasi Hasan Mirza was the owner of a piece of land of which a lease for 99 years was granted by him to the plaintiff-appellant in the year 1947 by means of a registered document for building purposes. To the north of the land so demised, there was some other land belonging to the lessor which was described in the lease deed as Rasta belonging to the lessor. Subsequently the plaintiff constructed a factory building on the land leased to him. To the east of this land there was a public road. The plaintiff wanted to keep the gate of his factory towards east opening on that public road so that his vehicles including trucks could enter his factory through that gate. But that would have meant substantial wastage of the land out of the land demised to him by Wasi Hasan Mirza by keeping it as open land for the passage of trucks. In order to avoid that wastage of land the plaintiff requested Wasi Hasan Mirza to grant him a right of passage over the land lying to the north of the demised land which was already i

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