PANDURANG KONDIBA RAUT Vs. LAXMAN BAHIRU RAUT

JUDGEMENT

(1.) THIS second appeal has been filed by the original plaintiffs in Civil Suit No.60 of 1978 on the file of Civil Judge, Junior Division, Bhor.

(2.) THE plaintiffs have filed suit for perpetual injunction to restrain the defendants from making any construction on the suit land. The plaintiffs have claimed easement of necessity and prescription. The suit is resisted by the defendants by stating that there is alternate road available to the plaintiffs to take bullock-cart.

(3.) BY judgment and decree dated 27.2.1986, the appeal Court, allowed the defendant's Civil Appeal No.217 of 1986 and has set aside the decree passed by the trial Court. The appeal Court on re-appreciation of evidence on record has come to the conclusion that the plaintiffs have failed to prove that they have acquired easement of necessity as contemplated under section 13(e) of the Indian Easement Act. The appeal Court has further found that the plaintiffs have failed to prove that they acquired prescriptive rights of easement under section 15 of the Indian Easement Act.