Law:

Section:

(a) Easement ------- Constitution of Pakistan (1973), Art. 185 (3) --- Leave to appeal was granted to examine whether in the circumstances of the case any right of easement existed in favour of the respondents. (b) Easement--- ---- Right of --- Easement is a right possessed by an owner of property, for its beneficial enjoyment, appurtenant to a property owned by another person --- Right of easement thus accrues in respect of the property owned by someone else. (c) Easements Act (V of 1882)--- ----- S.13 ---- Right of easement of necessity --- Substance --- Test. For sustenance of claim of right of easement of necessity, it must be shown that without enjoyment of such right, the property for the beneficial user whereof the right exists, cannot at all be used. It is not enough to show that it is merely necessary for use of the property or without it the enjoyment of the said property would be rendered inconvenient. JUDGMENT MUHAMMAD AFZAL LONE, J -The facts are that a market by the name of Faridia Market, Chowk Qutab, Pakpattan, consisting of 13 shops constructed in pursuance of a plan sanctioned by the Municipal Committee, in semi-circular form, 'U' shape in appearance, originally belonged to Diwn Ghulam Qutabuddin, who was party to this litigation before the Courts below.. He sold away these shops to the respondents and others; each one of them is vendee of one shop. In front of these shops is a raised platform 4 to 5 feet in width, which had been constructed by the original owner of the property, presumably at the time of construction of the market; across which lies an open space wherein he built two shops, facing the entrance of the market. This construction is also covered by a sanctioned plan. Claiming that the construction aforesaid was an .infringement of the respondents' right to enjoy and use the open space described by them as a compound of the market, they filed a suit for declaration that the said compound was a part of their shops. Grant of mandatory injunction compelling Diwan Ghularn Qutabuddin or for that matter the appellants to remove malba of the said shops was also prayed for. Diwan Ghulam Outabuddin contested the suit, as the appellants,…

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