( 1 ) THE defendant being aggrieved by Judgement and Decree dated 8th February, 1982 passed by the learned Extra Assistant Judge, Rajkot at Gondal in Regular Civil Appeal No. 19 of 1978, confirming the judgement and decree passed by the learned Civil Judge at Dhoraji on 30th January, 1978 in Regular Civil Suit No. 110 of 1976, whereunder the suit of the plaintiff on his easementary right was decreed.

( 2 ) THE appeal has been admitted for hearing the parties on the following substantial questions of law: (1) Whether the document Ex. 58 is inadmissible in evidence as it is not registered as required by the provisions of Section 17 (1) of the Registration Act? If yes, can it not be used for the limited purpose of pointing out that the so called easement right was only permissible, in view of the agreement with the plaintiff s predecessor in title under the said document?2) Whether necessary ingredients of Section 35 of the Easement Act are satisfied for the purpose of grant of injunction sought by the original plaintiff? the short and undisputed facts between the parties are that certain properties belonged to one Ranchhodbhai, which were succeeded by his two sons, nam