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2018 Supreme(Chh) 356

SANJAY K.AGRAWAL
Aasmati Halba (Now dead), through LRs. Kumari Basanti Naag – Appellant
Versus
Butki Bai (dead), Suraj Bhan Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. R.N. Jha.
For the Respondents: Mr. Kshitij Sharma, Mr. Avinash Singh.

JUDGMENT :

1. The substantial questions of law involved, formulated and to be answered in this plaintiff's second appeal are as under:-

(1) Whether the finding of the 1st appellate court while reversing the well reasoned order passed by the trial court to the extent of granting a right in favour of the defendants for 6 decimals of land is proper, legal and justified?

(2) Whether the finding of the 1st appellate court in creating a right in favour of the appellants by granting benefit under Easement Act to the defendants is proper, legal and justified?

2. With the consent of parties and in light of the submissions made, the substantial questions are re-framed as under:-

Whether the first appellate Court is justified in holding that the license of the defendants has become irrevocable under Section 60(b) of the Indian Easements Act, 1882?

Parties hereinafter will be referred as per their status shown in the plaint before the trial Court.

3. Original plaintiff Parvati, widow of Udkudi Panara, who died during the pendency of suit, had filed a suit for declaration of her title and permanent injunction stating inter-alia that she was the duly recorded bhoo-dhari of 0.17 acre of land bearing Kha




























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