Madhya Pradesh Court November 1961 Judgments

Rawaji Gokkal Kulmi Vs. Keshav Ramji Kulmi and ors.

Court: Madhya Pradesh

Reported in: AIR1963MP202

V.R. Newaskar, J.1. This is a defendant's second appeal. The dispute relates to right of way through land Khasara No. 236 in Mouja Dohad which is in the possession of defendant No. 1 Rawaji but stood in the revenue papers in the names of defendants 2 to 5. The right of way is claimed by the plaintiff Keshav whose house is situated at the southern end of Khasara No. 236. The plaintiff claims the right for going from his house through Khasara No. 236 of Rawaji and also through Khasara No. 242/2 which stood in the name of defendant No. 6 Udhav to the land which stood jointly in the name of plaintiff and his brother Kasana but which had been in his exclusive possession for the last 30 or 32 years and bore Khasara Nos. 242/1 and 243/1.2. The plaintiff's case is that this right of way starting from the door of his house opening in Khasara No. 236 and passing through Khasara No. 242/2 towards his land Khasara Nos. 242/1 and 243/1 had existed from the time of his ancestors for the last 50 or 6...