2019 AIR CC 1232 (HP) ::AIROnline 2018 HP 521

Himachal Pradesh High Court

Hon'ble Judge(s): Tarlok Singh Chauhan , J

(A) Easements Act (5 of 1882) , S.15— Specific Relief Act (47 of 1963) , S.39— Easementary right of prescription - Suit for mandatory injunction - Suit decreed in favour of plaintiff merely on basis of revenue entries - Suit property belonging to Gram Panchayat - Suit land classified as public road does not confer any right upon plaintiff to claim this land other than easementary right - Right of easement held not proved, infact negated and rejected by subordinate Courts - Suit decreed in favour of plaintiff, not proper. (Para 13) (B) Civil P. C. (5 of 1908) , O.41 R.27— Appeal - Production of additional document - Plaintiff producing certified copies of revenue entries corrected in his favour for land on which he is claiming alleged right of passage - As it is related to correction of revenue record, application allowed. (Para 17) .....