G.L.OZA, H.R.KRISHNAN
NATHUSINGH – Appellant
Versus
SUKHRAM – Respondent
( 1 ) IN this reference the question to be answered by us is this: Whether in the event of the owner of a bhumiswami agricultural holding claiming a right of easement on a contiguous holding which is also held in bhumiswami rights, the easement materializes on peaceful, uniterrupted and continuous usage for 20 years as provided in the main body of Section 15 of the Indian Easements Act, or whether on the ground that the land "belongs" to government, it should be for a period of 60 years under the old Limitation Act and 30 years under the present one, as provided in the last clause of the same section?
( 2 ) THERE are two other questions which arise in the same second appeal; first, one of fact, whether actually the claimant to the easement has proved such usage for a period of over 30 years; the second, one of law, whether, in view of the amendment of the Indian Limitation Act, even on the theory that this land "belongs" to the government, the period would be only 30 and not 60 years. This would depend upon the applicability or otherwise of the "savings" in Section 31 (b ). We do not feel called upon to say anything about these two questions which are entirely within th
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