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1913 DIGILAW 187 (ALL)

Muhammad Maroof v. Sultan Ahmed

1913-05-02

BANERJI, RICHARDS

body1913
JUDGMENT : 1. This appeal arises out of a suit in which the plaintiffs claimed an injunction restraining the defendants from crossing their lands. The defence was an alleged easement. As the result of issues that were referred, it would appear that the defendants did use for many years a right of way across the plaintiffs' land but this way (at least in its entirety) was not used for a period of 15 or 16 years before the institution of the present suit. It seems that owing to some alteration in the defendants' premises they used another way for part of the journey for the last 16 or 17 years. 2. In short the finding was that the defendants had not used the way in question for 20 years. Under these circumstances it is clear that the right of easement claimed was not acquired. It was then contended that the defendants might go back to the old way which they had previously used. The finding is equally conclusive as to this contention, for it appears that this road was not used for the last 17 years. Under Section 15 of the Easements Act, under which alone the right of easement was claimed, the period of user must be 20 years or more ending within two years before the institution of the suit wherein the claim to which such period relates is contested. We therefore agree with the conclusion arrived at by the learned Judge of this Court and dismiss the appeal with costs.