AIR 1961 GUJARAT 115

Gujarat High Court

Hon'ble Judge(s): V. B. Raju , J

(A) Evidence - Title - Proof - Sale certificate cannot prove title. Civil P.C. (5 of 1908) , O.21 R.94— (Para 4) (B) Easements - Right of way - Sanad giving right of way over Khadki to persons owning houses in Khadki - Right extends to their scavengers even though when the right was granted there were no latrines. Easements Act (5 of 1882) , S.21— Where the right of way given in the Sanad over the Khadki was a right of persons to go to and return from the houses in the Khadki, the right is in no way restricted to persons of a particular type but extends to the scavengers although it may be that in those days when the Sanad was granted scavengers were not using the Khadki, because the houses in the Khadki had no latrines. There is no reason to restrict the right of way in any way, when there was nothing in the Sanad to show that it was so restricted.