Sardul Singh vs Tota - 1888 Supreme(All) 23

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1888 Supreme(All) 23

JOHN EDGE, MAHMOOD
Sardul Singh – Appellant
Versus
Tota – Respondent

JUDGMENT

John Edge, Kt., C.J. - In this case the plaintiff brought an action claiming to have a chabutra or building which had been erected by the defendant on one of the village roads removed. The plaintiff is the zemindar. The road in question is a katcha road used by the village and over which the public have a right-of-way. The Lower Appellate Court found that the road passed through and on the land which belonged to the plaintiff, zemindar, and that it had been dedicated as a road for the use and convenience of the general public. The Lower Appellate Court gave a decree for the removal of the chabutra, and the defendant has appealed.

2. Pecuniarily the plaintiff has not suffered any greater damage than anyone of the public, as has been found. It is contended here, on the authority of two cases decided in Calcutta and one case decided in this Court, that the action is not maintainable without proof of special damage. In the first case, Baroda Per shad Mustafi v. Gora Chand Mustafi 12 WRCR 160 Sir Barnes Peacock held that the person who had dedicated the road could not, any more than any other member of the public, maintain an action for the obstruction of the highway without show

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