MANCHERSHA SORABJI SHET Vs. VIRIJVALAVDAS JEKISANDAS

JUDGEMENT

(1.) The plaintiff sued for a mandatory injunction to the dafeudant to remove the wall that he had erected obstructing plaintiff's way from his Survey No. 519, on the south to Naroda Road, and for an injunction to defendant restraining him from obstructing plaintiff, his servants, and tenants, their carriages, horses, etc., from using the said way on the south of his land to Naroda Road.

(2.) In the trial Court the plaintiff proved that he had squired a right of way by prescription over the defendant's land. The plaintiff's land was used for agriculture, and the plaintiff's pleader conceded also that no horses and horse-carriages passed by the way, and to such a right they were not entitled; that the plaintiff's way was only for agricultural purposes, and that was the use to which Survey No, 519 had been put excepting once when bones were allowed to be stored; and that the plaintiff had never exercised the right to take horse- carriages etc. The Judge, therefore, passed the following order:- Let the defendant, his agent, servants, and workmen be perpetually restrained from obstructing plaintiff, his agent, servants, tenants to use the way of the breadth of six feet on the eastern boundary of Section No. 516 from Naroda road to the southernmost side of Section No, 519, and for their carts, ploughs, cattleand men for agricultural purposes.

(3.) In appeal the Judge made some variation in the decree of the lower Court with regard to the actual route for the right of way.