AIR 2015 GAUHATI 33 ::(2015) 2 Gau LR 644 ::(2015) 1 Gau LR 644 ::(2015) 2 Gau LT 1 ::(2015) 148 AllIndCas 795 (GAU)

Gauhati High Court

Hon'ble Judge(s): Suman Shyam , J

(A) Easements Act (5 of 1882) , S.15— Civil P.C. (5 of 1908) , O.7 R.3— Suit claiming easementary right of way - Suit land on which right of way claimed not defined properly in plaint - Particulars defining its boundaries etc. not furnished - However sufficient material available on record to identify said land - Defendant also acknowledged existence of right of passage on suit land - Property thereby not rendered unidentifiable - Plaint not liable to be returned. AIR 2003 SC 643, 2006 (4) GLT 160, Relied on. (Para 15) (B) Limitation Act (36 of 1963) , S.25— Acquisition of easement by prescription - Suit land purchased in year 1935 - Schedule-B @page-Gau34strip of land openly, peacefully and continuously used for access to Schedule-A land by vendor for period of more than 20 years - Upon purchase of Schedule-A land by registered sale deed, plaintiff stepped into shoes of his vendor - Right of way can be claimed by plaintiffs - Plaintiff not required to lead evidence to establish his possession over Schedule-B land for 20 years in his individual capacity. (Para 18 21) .....