RAYCHAND VANMALIDAS Vs. MANEKLAL MANSUKHBHAI

JUDGEMENT

(1.) [they were mere observations not necessary for the decision. ]

(2.) THAT may be so, but they express also the law that should be followed in such cases, otherwise it will be necessary to prove animus in every case. Divatia, J.

(3.) ACCORDING to our contention if our client proves that for twenty years he had already enjoyed the right of easement, it would not matter even if he had set up a claim to ownership which was held disproved. The statutory right which may have been acquired for the easement cannot be taken away by any decision in the previous suit.