DAKSHINA RANJAN DUTT Vs. FAKIR CHANDRA SEN

JUDGEMENT

(1.) This appeal arises out of a suit for declaration of a prescriptive right of way claimed by the plaintiff over the defendant s land and for other reliefs.

(2.) The right of way claimed is in connect in with a passage for Mehters to cleanse a privy attached to the plaintiff s house. That privy is situated to the south of the privy belonging to the defendant and both the privies appear to have been served by common Mehters.

(3.) The court of first instance held that the prescriptive right had not been proved. On appeal, the lower Appellate Court held that it was proved, and accordingly made a declaration that the plaintiff had a right way and granted a perpetual injunction against the defendant in respect of the same.