BASHIRUDDIN Vs. RAMPRASAD

JUDGEMENT

(1.) THE undisputed facts of the case are that Ramprasad, Plaintiff purchased a house in Krishnapura Main Road Indore from one Mukundram Trivedi in 1951, who purchased it from the Indore Municipality some years back. The house is situated in municipal limits Indore with the following boundaries:

(2.) THE Plaintiff Ramprasad has filed a suit against the Municipal Committee and also impleaded the licensees of the goomti for removal of those goomtis. According to him those goomtis are coming in the way of enjoyment of his private right in respect of the property in as much as he cannot enter the public road by the eastern side of his compound.

(3.) THE private right of way as opposed to public right, cannot be exercised when there is a ready another convenient way. The private right of way can only be exercised in the front. This he has got a ready and therefore he has no cause of action against the Municipality, who has been exercising right allowed under law.