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93. Plaintiffs constructed their houses on the plots. It is alleged that there is a rasta/common passage measuring about two gathas (16 ½ ft. wide) between the plots of the plaintiffs and the defendants upon which the defendants have encroached. This was with a mala fide intent to grab this common passage which is common to both the plaintiffs and the defendants and is in between their properties. Suit was accordingly filed.

3. Defendants contested the suit. It was stated that the common passage/rasta is not of two gathas but it is one gatha i.e. about 8 ¼ ft wide. It was denied that the defendants had encroached upon the said passage.

4. On the pleadings of the parties, the following three issues were framed on 14.12.1984:

1. Whether the plaintiffs have been provided rasta measuring 2 gatha i.e. 16 ½ ft. wide in between the plots of plaintiffs and defendants by Delhi Administration?
2. Whether the plaintiffs have no locus standi to file the present suit against defendants?
3. Relief.

5. Three witnesses were examined on behalf of the plaintiffs. The documents tendered by the defendants included exhibit Ex. D1 and Ex. D2. Ex. D1 is a document in urdu i.e. a copy of the field book wherein the common passage i.e. plot no. 99 has been mentioned as a passage measuring about 3 biswas. Ex. D2 is the Aks Sizra wherein the intervening passage (No. 99) i.e. between the properties of the plaintiffs and of the defendants shows a measurement of 1; meaning thereby that this passage no. 99 measured one gatha. These are the two documents relied upon by the defendant to substantiate his submission that the intervening passage is not of two gathas but of one gatha.

9. The finding returned by the Trial Court reads as under:-

"On careful perusal of the site plan Ex. PW 1/A, in as much as akshijra Ex. PW 1/C, it is revealed that the common passage shown in between the plots is of same width. As regards the common passage in between the plot Nos. 34 to 39 and 32 to 27, the common passage is shown by a width of 2 gathas. Similarly in between the plots 166 to 171 and 164 to 159 of the south side the width of common passage is also shown 2 gathas. However, in between the plot No. 98 to 93 and 100 to 105 it is shown 1 gatha. On careful perusal of the akshijra, the dia meter of rasta shown by the authority is the same. The common passage which is 2 gatha in the north and 2 gatha in the south cannot be reduced into one gatha in between. It appears that inadvertently it is written one in between north and south. The document Ex. D-2 as relied upon by the defendants is only in respect of the passage shown in between the plots bearing No. 93 and 105 wherein the passage is shown as 1 gatha. This document does not give a clear picture as it revealed from the record/document Ex. PW 1/C which gives the clear picture of the common passage provided by the Delhi Administration in between plots allotted to the landless persons. Document Ex. PW 1/C goes to prove that the common passage in between the plots is of 2 gatha width. Similarly on calculation of the entire land wherefrom the plots were carved out and distributed among the landless persons in as much as from the photo copy of the site plan showing the allotment, it is proved that the common passage is of 2 gatha width i.e. of 16 ½ ft. In view of the statement of PW 1, PW 2 and PW 3 and in the absence of any oral evidence led by the defendants in as much as in view of the documents proved by PW 1 which is Ex. PW 1/C which inspires more confidence whereas document Ex. D-2 does not inspire such confidence as it is not a detailed one. I am of the considered opinion that the common passage in between the plots of the plaintiffs and the defendants is of 2 gatha width which was provided by Delhi Administration at the time of allotment of the plots to the landless persons including the plaintiffs and defendants."