S.B. CIVIL SECOND APPEAL NO.258/2007 Ganpat Ram Vs. Malaram & Ors. Date of order : 04th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rakesh Ramawat for Mr. T.S. Champawt for the appellant. Mr. Yogesh Sharma for the respondents. --------- 1. Heard learned counsels. 2. This appeal is directed against the concurrent findings of two courts below whereby rejecting the suit for declaration and mandatory injunction and claiming easementary right has been rejected by the courts below. The plaintiff-appellant has claimed that despite Commissioner's report in his favour, the courts below have erred in rejecting the suit. 3. On the side opposite, the learned counsel for the respondents has submitted that in the map prepared by the panchayat in the revenue record, the alternative way has been shown from point A to B and then B to F into the agricultural field of the plaintiff and, therefore, the plaintiff could not claim any easementary right of way or passage through the agricultural field of the defendant. 4. Both the courts below on the basis of evidence before them have found that there was an alternative way available to the plaintiff and, therefore, the plaintiff was not entitled to the decree as claimed in the suit. 5. This Court finds no substantial question of law to be arising in the matter. 6. The second appeal is, therefore, devoid of merit. The same is dismissed. No costs. [ DR. VINEET KOTHARI ], J. item No.37 babulal/-