1989 ALL. L. J. 350 ::(1989) 2 CivLJ 341 ::(1989) 2 CurCC 69 ::1989 All CJ 202 ::(1989) All WC 778 ::(1989) 2 UPLBEC 107

Allahabad High Court

Hon'ble Judge(s): Amarendra Nath Varma , J

Civil P.C. (5 of 1908) , S.100— Easements Act (5 of 1882) , S.60(b)— Suit for prohibitory and mandatory injunction - Dispute about easementary right - Plaintiff contending that he was absolute owner of disputed wall - Plea that plaintiff constructed double storey after resting on disputed wall on basis of licence granted by defendant - It is a mixed question of fact and law - Plea raised for first time in second appeal cannot be allowed - Even if plaintiffs case is covered by S. 60( b) plaintiff cannot get relief as nothing inconsistent with S. 60(b) has been done by defendant - High Court could not interfere as there was no error of law committed by lower courts. AIR 1932 All 572; 1943 All LJ 569 and AIR 1932 PC 28, Foll. (Para 7 8 9)