LUHAR TULSIDAS NARSIBHAI Vs. VRAJLAL LALJI VAGHELA

JUDGEMENT

(1.) The defendant being aggrieved by Judgement and Decree dated 8th February, 1982 passed by the learned Extra Assistant Judge, Rajkot at Gondal in Regular Civil Appeal No.19 of 1978, confirming the judgement and decree passed by the learned Civil Judge at Dhoraji on 30th January, 1978 in Regular Civil Suit No. 110 of 1976, whereunder the suit of the plaintiff on his easementary right was decreed.

(2.) The appeal has been admitted for hearing the parties on the following substantial questions of law:

(3.) Mr.Shah, learned Counsel for the appellant- defendant, submits that the document, Exh.58, may be held to be inadmissible for all practical purposes, but, in accordance with the proviso to Section-49 of the Indian Registration Act, 1908 (hereinafter referred to as "the Registration Act" for short), the document can be read in evidence for limited and collateral purpose. He also submits that if from the document, it clearly flows that the right to be enjoyed by Laxman Ranchhod was permissive right, then, the same would not ripen into easementary right. He further submits that even otherwise his case would fall under Section-15, first explanation, and as the requirements of Section-35 of the Easement Act have not been satisfied, the suit of the plaintiff deserves to be dismissed.