Law: Easements Act, 1882

Section: 15

Law: Civil Procedure Code (V of 1908)

Section: 115,96

(a) Easements Act (V of 1882)--- ----S. 15---Limitation Act (IX of 1908), Ss. 2(5) & 26---Suit for declaration regarding acquisition of prescriptive right of way---Un-metalled road recorded in revenue record in ownership of defendants claimed to be under use of plaintiffs as general thoroughfare since indefinite period ---Defendants' plea that plaintiffs being Seri land owners had no right of way in Daftari land owned by defendants; and that plaintiffs had alternate 2 feet wide way leading to their houses from general road---Validity---Such plea of defendants based on customs of Swat had ceased its effect on extension of Easements Act, 1882 and Limitation Act, 1908 in the said area---Seri land owner could now claim and enforce right of easement of use of passage over Daftari land provided Seri land owner had utilized Daftari land for passage without permission of Daftari land owner openly, without any interference and as of right for twenty years---According to Shajara Kishtwar, land underneath plaintiffs' houses and suit land were adjacent to each other and disputed way in suit land was only source for access to plaintiffs' houses---Such alternate way was narrow "pakdandi", while human being would normally need a widened way for use of light vehicles for access to their houses particularly in emergency---Width and length of disputed way was 16 & 37 feet respectively, which was only way being used for motorcar, tractor and other light vehicles in between general road and houses of plaintiffs---Evidence on record showed that defendants servient owners of suit land had never been asked for permission of its use by plaintiffs, who had been using same without interruption openly and peacefully for a continuous period of more than twenty years---Plaintiffs through un-rebutted and admitted evidence had matured acquisition of easement right upon suit land against defendants---Revenue staff while preparing first settlement in the area would be required to make title of defendant thereupon subject to right of easement of using such path by plaintiff---Suit was decreed by declaring ownership of defendants to be subject to easement right of way acquired by…

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