MANCHERSHA SORABJI Vs. VIRJIVALLABHDAS JEKISONDAS

JUDGEMENT

(1.) The plaintiff sued for a mandatory injunction to the defendant to remove the wall that he had erected obstructing the plaintiff's way from his Survey No. 519, on the south to Naroda Road, and for an injunction restraining him from obstructing the 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 acquired 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 S. No. 519 from Naroda Road to the southernmost side of S. No. 519, and for their carts, ploughs, cattle and 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.