2014 (5) ABR 113

Bombay High Court

Hon'ble Judge(s): T. V. Nalawade , J

( A ) Easements Act (5 of 1882) S. 13 , 15 — Maharashtra Land Revenue Code (41 of 1966), S. 143 — Maharashtra Land Revenue (Boundaries and Boundary Marks) Rules (1969), R. 4 — Plaintiff claiming right of way over bandh — Lands of plaintiff and defendant situated on two sides of bandh — Evidence of parties and report of Court commissioner showing location of these lands and bandh — In such case, Court is expected to consider and decide as to whether right claimed falls under easement of necessity, or it falls under acquisition by prescription — Court is also expected to consider customary rights — When there are such bandhs and on one side of bandh or on both sides of bandh, there are agricultural fields, farmers are expected to use these bandhs as foot-path — Remand of matter by appellate court instead of deciding the dispute, not proper. Civil P. C. (5 of 1908)) O. 41, R. 23 (Paras11121314)