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1929 Supreme(Nagpur) 126

STAPLES
RAGHOBA – Appellant
Versus
ANANDABAI – Respondent


JUDGMENT

Staples, A J C—A suit was brought by respondent 1, Anandabai, against the appellant and the other respondents for an injunction restraining them from preventing her taking her cattle to her fields along a way, which was shown in the map filed with the plaint, along the boundary of the respondents' field. The suit was dismissed by the trial Court, but on an appeal the Additional District Judge held that Anandabai had a right of way as an easement along the path claimed and reversed the decree of the trial Court and passed a decree ordering the respondents to remove the obstruction and declaring that Anandabai was entitled to go and return from her fields along a passage six cubits in width, as shown in the map attached to the plaint. One of the defendants only, Raghoba, has now appealed.

2. The only document filed was a jamabandi for the village which shows the fields in possession of the parties. Anandabai is admittedly the malguzar of the village, whilst the appellant and the other respondents are tenants oF that village. The fields in possession of the parties are shown in the map which was filed with the plaint. Anandabai's case was that she had been using the way openly







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