Law:

Section:

(a) Easements Act (V of 1882)-------S. 15---Right of easement claimed by plaintiff over public road---Trial Court decreed plaintiff's suit while Appellate Court setting aside such findings dismissed suit---Validity---In presence of voluminous documentary and oral evidence on record to prove existence and use of public road in question, Appellate Court acted with material illegality by ignoring such evidence and by recording its findings primarily with reference to various Jamabandis of land adjacent to or underneath road in question, by laying too much emphasis on particular square numbers---Maps and plans produced by plaintiff were relevant and admissible in evidence, and their authenticity was duly proved by plaintiff's witnesses---No reason thus existed for not considering their evidentiary value--­No.objection, however, had been raised from respondents as to admissibility of documentary evidence produced by plaintiffs---Trial Court had rightly concluded that public road in question was being used as such for twenty years and that existence of road was also admitted by defendant's witnesses---Trial Court had carried out spot inspection and found metalled road/public thoroughfare being used by general public---Plaintiff had, thus, been using public road by exercise , of right of easement in term of S. 15, Easements Act, 1882 for more than twenty years even if same was treated as private road---Easement was right possessed by owner of property for beneficial enjoyment of appurtenant property owned by another person and that such right would accrue in respect of property owned by someone else---Sufficient evidence was on record to prove that right of plaintiff to use of public road was absolute necessity and plaintiff had no alternate passage for access to main road--­Evidence on record was misread and was kept out of consideration in its material aspects by Appellate Court---Interference by High Court with impugned judgmegt and decree was called for---Judgment and decree passed by Appellate Court was set aside while that of Trial Court was restored in circumstances. Mst. Bibi Wakilan v. Deo Nandan Prasad and others AIR 1921 Pat. 268; Lt.-Col. Nawab Sir…

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