Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 55---Civil Procedure Code (V of 1908), O. XVIII, R. 18---Easements Act (V of 1882), S.15---Suit for declaration and mandatory injunction---Right of easement, claim of---Contention of plaintiff was that he was entitled to use the passage situated in the property of defendants on the basis of easement---Suit was dismissed concurrently--- Validity---Civil Judge himself visited the site and there were more than one passages available to the plaintiff---Plaintiff was bound to prove that no other passage was available to him to establish a right of easement on the basis of necessity---Concurrent findings of facts based upon proper appreciation of evidence were on record which could not be disturbed in revisional jurisdiction---Right of easement on the basis of prescription could not be claimed by the plaintiff---No illegality or material irregularity was pointed out in the impugned s and decrees passed by the courts below---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: M. SOHAIL IQBAL BHATTI, J.--- Through this civil revision, the petitioner has challenged the vires of Judgment and Decree, dated 24-11-2001 passed by learned Civil Judge, 1st Class, Rawalpindi and Judgment and Decree, dated 5-1-2005 passed by learned Additional District Judge, Rawalpindi. 2. The brief facts of the case are that the petitioner/plaintiff filed a suit for declaration and mandatory injunction by stating that the petitioner/plaintiff was owner in possession of land adjacent to the property of the respondents. It was further averred in the plaint that there was a passage situated in the property of the respondents which was in existence for the last 40 years and the petitioner/plaintiff had been using that passage to approach the main road. The respondents, who wanted to purchase the land of the petitioner in order to pressurize him, had closed the passage by erecting a Gate; the petitioner/plaintiff prayed for declaration that he was entitled to use the passage on the basis of easements and further prayed for passing a decree for mandatory injunction directing the respondents to remove the gate erected by them. The…

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