SIAN DASS Vs. LEKH RAJ

JUDGEMENT

(1.) SECTION 3 of the Jammu and Kashmir Common Lands (Regulation) Act, speaks of any road, street lane, path" implying thereby as the head note suggests that such road, street, or path must be one set apart for use by the public. It has no reference to private lands over which right of passage is claimed on the basis of easement. In the present case on the averments made hi the plaint to which reference was vehemently made by the learned counsel for the petitioner, the position is that the land belongs to the defendant. The plaintiff claims a right of passage over it by way of easement which he says is not available to him alone but also to large number of persons of the locality. If that be so, then it cannot be said that the dispute pertains to a road, street or a path, set apart from the public. Accordingly, The Jammu and Kashmir Common Lands (Regulation) Act, has not application to the present case as rightly held by the trial court, this revision has no merit in it which is dismissed accordingly. The parties are directed to appear before the trial court on 10th of April, 1980.