JANARDAN GANESH KHADILKAR Vs. RAVJI BHIKAJI KONDKAR

JUDGEMENT

(1.) Assuming (but without deciding) that Mr. Jinnah a contention is sound, viz., that the plaintiff could not have acquired the right which he is suing to enforce, under the Indian Easements Act, still the case is saved by Section 2, Clause (c) of that Act,

(2.) The lower Courts have found concurrently, as a fact, that the plaintiff has acquired this right and enjoyed it from time immemorial.

(3.) Even if it were a right that could not be acquired as an easement, there is nothing intrinsically unreasonable in it. On the contrary it is compatible with the usages and sentiments of the agricultural population in many parts of India. In my opinion the decree of the Court below must be confirmed and this appeal dismissed with all costs upon the appellants. Marten, J.