Law:

Section:

Easements Act (V of 1882)-- Ss. 15 & 18 read with Evidence Act (I of 1872), S. 57-Privacy of house-Custom-Right of privacy of house-Burden lies on claimant to prove its existence-Right also to be specifically pleaded-Customary right of privacy of house-Necessary 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 affected-Custom, held, acquires force of law only in such cases and judicial notice of custom also could be taken in like situation.-[Custom-Burden 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 L-R 671 and B. Nihal Chand and another v. Mst. Bhagwan Dei A I R 1935 All. 1002 ref. A. R. Sheikh, Senior Advocate and Kh. Mushtaq Ahmad, Advocate-on Record for Appellant. Abdul Samad Khan, Advocate-on-Record for Respondents. 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, Peshawar, for permission to raise a new construction on the site after demolishing the existing one and also submitted a plan for approval. By order dated 11th of March, 1959 the requisite sanction was granted and the plan was approved. The appellant, thereafter, demolished the old…

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