NATHUBHAI DHIRAJRAM Vs. BAI HANSGAVRI

JUDGEMENT

(1.) The suit was brought by the present appellant for a perpetual injunction to restrain the respondent from interfering with his right of way over a certain passage.

(2.) The Subordinate Judge who tried the suit looked at the question of the plaintiff s right in two aspects, first, as a right by way of implied reservation, secondly, as a right by way either of easement or prescription. On both these points he came to the conclusion that the plaintiff had established his right to the passage in question. Accordingly a decree as prayed for was made.

(3.) But in appeal the learned District Judge has held that the appellant-plaintiff has failed to prove that he has used as of right the passage in dispute for the statutory period required for an easement or prescriptive right.