SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1959 Supreme(Cal) 80

B.N.BANERJEE
Hari Lal Bandopadhyya – Appellant
Versus
Gora Chand Mallick – Respondent


Advocates:
A.C. Gupta, Panchanan Choudhury and Nirmal Kumar Choudhury, for Appellants; Shyama Charan Mitter, for Respondent.

JUDGMENT : This appeal, at the instance of the defendants, is directed against an appellate decree affirming the decree passed by a learned Munsif.

2. The suit, out of which this appeal arises, was for declaration of the plaintiffs right of passage over the land described in schedule kha to the plaint, acquired as an easement and for permanent injunction restraining the defendants from interfering with that right of passage. The prayers as originally made in the plaint were subsequently amended and over and above the reliefs claimed, the plaintiff further claimed declaration of the plaintiffs right of passage over the disputed land as easement of necessity.

3. According to the plaintiff, one Gourhari Das Naskar and certain other persons were owners of three plots of land, namely, c. s. plots Nos. 1518, 1519 and 1522 at Mouza Purba Barisa, within the jurisdiction of Behala P.S., District 24-Parganas. To the West of c. s. plots Nos. 1519 and 1522, according to the plaintiff, there is a passage, described in schedule kha to the plaint, which is about 75 feet long from north to south and about 6 feet wide east to west. At a distant past (when I shall hereinafter try to determine), the Na










































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top