Law:

Section:

(a) Easements Act (V of 1882)--S.13--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine whether official respondent had no right to treat the disputed land as an independent plot and whether he was not justified in allotting the same to allottee respondent and whether official respondent and allottee respondent were not justified in blocking appellant's means of ingress and exit hitherto enjoyed by him on the disputed land by raising construction thereon. (b) Easements Act (V of 1882)-- ----S.13--Easement of necessity--Entitlement to--Courts below had concurrently found that appellant had an alternative right of way and that his claim to easement of necessity was not an absolute one--Right of easement being a question of fact had been decided by Courts below against appellant-Appellant had failed to establish his claim of easement of necessity--Contentions raised by appellant being devoid of force, no interference with of High Court on that issue was called for in circumstances. Pakistan National Oils Limited v. Sattar Muhammad 1980 SCMR 686; Ramadhin Singh v. Jadunandan Singh AIR 1915 Cal. 486; Valina Rama v. Emperor AIR 1928 Lah. 496; Abdullah and another v. Ahmad Khan and others 1988 CLC 1301 and Sheo Nath and others v. Mughla AIR 1938 Lah. 800 ref. (c) Easements Act (V of 1882)--- ----S.13---Easement of necessity---Meaning, scope and import of--Easement of necessity was an easement without which property could not be used at all--­Consideration of reasonable enjoyment of property furnished no test for creation of such right of easement nor would convenience be the test for creation of such right---Necessity must be an absolute necessity and not a convenient mode of enjoyment of property---Necessity under clause (a) of S.13, Easements Act,. 1882 was not an ordinary necessity but an absolute one. Mariyayi Animal v. Arundachala Pandaram AIR 1956 Mad. 584; Nawab Zekia Begum v. Lucknow Improvement Trust AIR 1937 Oudh 263; Daw Tint v. Maung Kywr AIR 1935 Rang. 56; Kristnamrazu v. Marrazu 15 MLJ 255; Sheo Nath and others v. Mughla AIR 1938 Lah. 800; Narayana Gajapatraju v. Janaki Rathayyammaji AIR 1930 Mad. 609; Pakistan National…

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