MONWAR ALI Vs. MUSTT RAYACHAN BEWA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30/5/1998 passed by the learned Civil Judge (Sr. Divn.), Dhubri in Title Appeal No. 11/97 whereby Title Suit No. 248/88 has been decreed in reversal to the judgment of dismissal passed by the learned Civil Judge (Jr. Divn.) No. 2, Dhubri.

(2.) The appeal was admitted by the order dated 3-8-1998 for hearing on certain substantial questions of law. On 2-2-2005, the questions formulated earlier have been recast and the substantial question of law formulated for adjudication in this Second Appeal, after hearing the learned counsel, for the parties is as below: "Whether the plaintiff/respondent could establish a case for decree of the suit declaring their right of easement of necessity over the suit path as provided under Section 13 of the Indian Easements Act, 1882?"

(3.) I have heard Mr. D. C. Mahanta, learned senior counsel for the appellants and Mr. N. Dhar, learned counsel for the respondents.