Law: Easements Act (V of 1882)

Section: 15, 18

Law: Evidence Act 1972

Section: 57

Easements Act (V of 1882)  Ss. 15 & 18 read with Evidence Act (I of 1872), S. 57Privacy of houseCustomRight of privacy of houseBurden lies on claimant to prove its existenceRight also to be specifically pleadedCustomary right of privacy of houseNecessary to investigate, before recognising such custom, whether essential attributes of custom exist, viz. if it is immemorial, reasonable, continued without interruption, certain in respect of its nature generally as well as in respect of locality and person alleged to be affectedCustom, held, acquires force of law only in such cases and judicial notice of custom also could be taken in like situation.[CustomBurden of proof]. Gopal Krishna Sil v. Abdul Samad Chaudhari and others (1921) 34 Cal. L J 319 ; Gokal. Prasad v. Radho I L R 10 All. 358 ; Bhagwan Dos and others v. Zamurrad Hussain and another A I R 1929 All 676 ; Bagridi and others v. Rahim Bux A I R 1926 Oudh 352 ; Pir Agha Muhammad Hussain Jan and others v. Elias Haji Wahiddino A I R 1948 Sind 36 ; Mian Hafizullah v. Muhammad Hussain 1938 P L R 483 ; Nihal Chand v. Fazal Din 1901 P LR 671 and B. Nihal Chand and another v. Mst. Bhagwan Dei A I R 1935 All. 1002 ref. Dates of hearing :10th and l lth May, 1980.                                                                                                                         JUDGMENT MUHAMMAD HALEEM, J: This appeal by special leave arises out of the judgment of the Peshawar High Court, Peshawar, dated 3rd of March, 1975, by which R. S. A. No. 381 of 1975 was dismissed. The appellant owned a 2J storeyed house, bearing No. 1526/1528, situate in Mohallah Mir Jamal Shah, Peshawar City. Its doors and "uroosis" opened towards the street to admit light and air. It was constructed about 50 years back. As the building was old, the appellant applied on 16th of February 1959, to the Municipal Committee,…