BACHHAJ NAHAR v. NILIMA & Anr.

A B [2008] 14 S.C.R. 621 ----.r~ BACHHAJ NAHAR v. NILIMA MANDAL & ANR. (Civil Appeal Nos.5798-5799 of 2008) ..,.. • l • _,, r ). JI '- SEPTEMBER 23, 2008 [R. v. RAVEENDRAN AND LOKESHWAR SINGH ANTA, JJ] Code of Civil Procedure, 1908: 0. 6 r 1 - Pleadings - Suit for declaration of title and c possession of strip of land - Decreed partly by trial court hold- ing that swt property was part of plaintiffs' property and defen- dant having put up construction over the encroached portion, directed to pay price for the same - Dismissal of suit by first appellate court holding that plaintiff failed to prove title over D property - In second appeal, High Court while holding that plaintiffs not owners of property, granted relief based on easementary right of passage over suit property - On appeal, held: Relief should be founded on pleadings made by parties - easementary right and opportunity to defendant to deny such claim, High Court could not have converted suit for title into suit for easementary right- Servient owner also not impleaded as defendant- Thus, order of High Court set aside and that of first appellate court restored - High Court at best could have F reserved liberty to plaintiffs to file separate suit for easement. In absence of pleadings as to claim by plaintiffs based on E Pleadings and issues - Object and purpose of - Ex- plained.