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Sahdeo Singh and anr. Vs. Ram Nawal Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad
Decided On
Reported inAIR1929All790
AppellantSahdeo Singh and anr.
RespondentRam Nawal Singh and ors.
Excerpt:
- .....is correct roads in the village abadi belong to the zamindars and are kept open by reason of the right of easement acquired by the residents to use them as means of passage. such roads are not entered as property of the government in the village record. an encroachment on that road will raise questions of the right of easement of the residents and proprietary right of the zamindars, and section 91 would not be applicable to issues which arise on encroachments being made on a road of this nature. the plaint has been carefully prepared. the plaintiffs declared themselves, some of them to be cosharers of the land in dispute, and others to be residents who have acquired right of easement to have the land kept open. a suit, therefore, did lie without any permission from the advocate.....
Judgment:

Dalal, J.

1. The view taken by the lower appellate Court is correct Roads in the village abadi belong to the zamindars and are kept open by reason of the right of easement acquired by the residents to use them as means of passage. Such roads are not entered as property of the Government in the village record. An encroachment on that road will raise questions of the right of easement of the residents and proprietary right of the zamindars, and Section 91 would not be applicable to issues which arise on encroachments being made on a road of this nature. The plaint has been carefully prepared. The plaintiffs declared themselves, some of them to be cosharers of the land in dispute, and others to be residents who have acquired right of easement to have the land kept open. A suit, therefore, did lie without any permission from the Advocate General.

2. As regards the third ground of appeal, I do not think that there is any misjoinder of parties in two different sets of persons joining together to eject a trespasser.


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