Learned counsel for the appellant also submits that the first appellate Court has failed to appreciate the above relevant facts and has decided the first appeal without framing points of determination. The first appellate court has hurriedly decided the appeal and has confirmed the order passed by the learned Trial Court. I have considered the submissions made by the learned counsel for appellant and gone through the record. As per the admitted facts, which are not in dispute, the third advocate commissioner report i.e. 54Ga-2 was approved by the Trial Court. In the said commissioner report, the site map of the land in dispute was annexed. As per the map annexed with the advocate commissioner report dated 24.9.1995 (54Ga-2) there is a passage between the house of the appellant-plaintiff and the land in dispute. The land in dispute is marked as Ka, Kha, Ga, Gha which is on the other side of the road whereas the house of the plaintiff is on another side of the road. From perusal of the map, it is evidently clearly that between the house of the plaintiff and the land in dispute there exists a passage which is mentioned as Galiyara. The appellant-plaintiff has not filed any documentary proof to show any right or title over the land in dispute or over the passage land. The plaintiff had filed the suit claiming possession over the land in dispute on the basis of his Sahan i.e., appurtenant land.
Learned counsel for the appellant-plaintiff has submitted that the land in dispute is an Abadi land and it is not recorded in the name of any person in the revenue records. The appellant-plaintiff was having the possession over the land in dispute since the time of his ancestors.
Since there exists a passage between the house of the plaintiff and the land in dispute.?
saving score / loading statistics ...