N. H. BHATT, S. OBUL REDDI, J.

( 1 ) * * * *

( 2 ) THE last question before us for determination is the plaintiffs case based on easement of necessity. We are endorsing the reasoning of the learned trial Judge about the existence of easement of necessity that was there till year 1946. The situation speaks for itself and the defendants were not well-advised in disowning all the facts. They had gone to the extent of speaking of a hedge dividing survey no. 73-B and survey no. 73-B-1 existing at the site till 1968 when the plaintiff according to them had removed the hedge highhandedly and had carried his building materials through survey no. 73-A which they said the plaintiff was permitted to carry. The learned trial Judge rightly discountenanced all this story. We therefore do hold that till year 1946 or thereabout when southern road came to be laid by the Ahmedabad Municipality the owners of survey no. 73 had right of way as an easement of necessity and in exercise of that right they were entitled to pass through survey no. 73-A belonging to the defendants. However the situation was changed when the road came to be laid. This fact is admitted that this road was so laid in the year 1946

Click Here to Read the rest of this document