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1960 Supreme(Pat) 113

V.RAMASWAMI, KANHAIYA SINGH
Gajo Rai – Appellant
Versus
Gaura Devi – Respondent


Judgment

1. In the suit out of which this appeal arises the plaintiffs alleged that they built houses on plots 1627 and 1633 of village Nawasakhi about forty years back. It was also alleged by the plaintiffs that they had been using gairmazrua plot No. 1626 as passage for going from their new houses to their old house located in plot No. 1769 and also for going to a tank and to the forests located on the south of the tank. The plaintiffs alleged that the defendants had begun to interfere with their right of easement, and so they brought the present suit for a declaration that that they have acquired right of way over a portion of plot No. 1628 of village Nawasakhi. The suit was contested by the defendants mainly on the ground that the houses were built On plots Nos. 1627 and 1633 about ten years back. The defendants also asserted that the plaintiffs have acquired no right of way over plot No. 1626. The trial Court held that the plaintiffs have acquired right of way over plot No. 1626 by prescription for the statutory period. The defendants appealed to the lower appellate Court, which allowed the appeal and dismissed the suit on the ground that the plaintiffs had not established thei








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