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RSA-3687-2025 (O&M) and

RSA-3405-2025 (O&M) -1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

-.-

Reserved on:-12.12.2025

Pronounced on:- 19.12.2025

Uploaded on:-22.12.2025

Whether only operative part of the judgment is

Pronounced or the full judgment is pronounced: operative part/full judgment

1. RSA-3687-2025 (O&M)

Sahib Ram Sehrawat and Another ....Appellants

VERSUS

Charan Singh and Others ....Respondents

2. RSA-3405-2025 (O&M)

Charan Singh ....Appellant

VERSUS

Sahib Ram Sehrawat and Others ....Respondents

CORAM : HON’BLE MS. JUSTICE MANDEEP PANNU

Present: Mr. Anil Bidhan, Advocate

for the appellants (in RSA-3687-2025).

for respondents No.1 and 2 (in RSA-3405-2025)

Mr. Anshul Mangla, Advocate

for the appellants (in RSA-3405-2025).

for respondent No.1(in RSA-3687-2025).

Service upon respondents No.2 and 3 (in RSA-3687-2025)

Service upon respondents No.3 and 4 (in RSA-3405-2025)

dispensed with vide order dated 05.12.2025.

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MANDEEP PANNU, J.

1. Both the present Regular Second Appeals arise out of the same

judgment and decree dated 26.08.2025 passed by the learned Lower Appellate

Court, whereby the suit filed by the plaintiff was partly decreed. The plaintiff has

TRIPTI SAINI

2025.12.22 15:53

I attest to the accuracy and

integrity of this document

RSA-3687-2025 (O&M) and

RSA-3405-2025 (O&M) -2

preferred one Regular Second Appeal contending that the learned Lower Appellate

Court erred in declining the relief of declaration of prescriptive easement of right

of way and that the suit ought to have been decreed in toto. On the other hand, the

defendant has preferred the connected Regular Second Appeal asserting that the

learned Lower Appellate Court committed a grave illegality in reversing the

judgment of the Trial Court and that the suit of the plaintiff deserved to be

dismissed in entirety, as was done by the Trial Court. Since both the appeals

emanate from the same judgment and involve common questions of law and facts,

they are being decided together by this common judgment.

Brief Facts

2. The case has its genesis in the ownership of land situated in the

revenue estate of village Sukhrali, Tehsil and District Gurgaon. Late Sh. Mulk Raj

Anand had purchased the land comprised in Rect. No. 22 and Rect. No. 11 through

a registered sale deed dated 12.03.1964 and thereafter constructed his residential

house along with garage and servant quarters in the year 1964. At that time, he was

the owner of both the dominant land as well as the adjoining land, which

subsequently came to be described as the servient land. The remaining land was

left open and was being used as a driveway providing access to the main public

highway.

3. On 24.09.1964, an exchange deed was executed, and due to an error

therein, the description of one killa number was wrongly recorded, though the

actual ownership and possession continued with Sh. Mulk Raj Anand.

Subsequently, notifications under Sections 4 and 6 of the Land Acquisition Act

were issued in respect of part of the land, though the said land was later released

from acquisition in the year 1982. After the release, Sh. Mulk Raj Anand

TRIPTI SAINI

2025.12.22 15:53

I attest to the accuracy and

integrity of this document

RSA-3687-2025 (O&M) and

RSA-3405-2025 (O&M) -3

constructed a house known as “Dorset Cottage” and in the year 1984 executed a

registered gift deed dated 11.07.1984 in favour of the plaintiffs, thereby gifting

them land measuring about 2 kanals 16 marlas. In the said gift deed, an express

easement of a 15 feet wide passage was granted in favour of the plaintiffs over the

western side of the retained land for access to the main road through Gate ‘X’ and

Gate ‘Y’.

4. It was pleaded that since 1964, sewerage lines and water supply

pipelines had been laid beneath the servient land and were continuously used for

the benefit of the dominant land. The plaintiffs continued to use the 15 feet wide

passage openly, peacefully and as of right. Additionally, they claimed to be using

another passage measuring about 7 meters wide through Gate ‘Y’