AMJAD SAEED vs MUHAMMAD SAEED S — 2023 MLD 115 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 115 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: AMJAD SAEED vs MUHAMMAD SAEED S
Subject matter: Civil
Provisions referred to: S. 15---

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMJAD SAEED VS MUHAMMAD SAEED S. 15---accrual of right of easement---alternate way---Petitioners instituted suit for declaration with permanent and mandatory injunction claiming their easement right of usage of passage, allegedly in their use for last 30/35 years---Suit was resisted by respondents and Trial Court dismissed the suit---appeal filed by petitioners before appellate Court was also dismissed---Held, that the petitioners had failed to establish by leading cogent, trustworthy and confidence inspiring evidence that they had been using the path continuously and had been enjoying the right of easement over the same for the last 30/35 years, rather it had surfaced on record that the respondents/defendants demolished the said passage around 25-03-2006, meaning thereby the alleged use of passage by the petitioners /plaintiffs was near about 16 years ,so the petitioners could not claim the accrual of right of easement in their favour, because it was the pre-requisite of law, that the right of passage had to be enjoyed by a person continuously and without any interruption for a period of 20 years, there-after petitioners could claim such right of easement---Right of way through easement did not mature if the right of way was not used for a period of twenty years---One of the petitioners witnesses in the beginning of his deposition had deposed that there was a passage to his land from "M-S" road besides the disputed property---Petitioners had an alternate way and they could not establish their continuous usage of passage for a period of 20 years--- Revision was dismissed, in circumstances.

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