pathway from the Thar Road through the pathway leading to public well in S.No.54/7B21 and thereafter through the pathway lying ... pathway through the pathway on the western side of the land in S.No.54/7B22 and would provide the pathway to the land owners
prescription would be
erased by the fact that there is an alternate pathway for the
appellant ? "
7. The learned counsel for the appellant / plaintiff ... pathway over the suit pathway; since the ancestors of the plaintiff has been
using the said pathway as common, the respondents cannot deny the pathway
only existing pathway is the suit property pathway and
the width of the suit property pathway is about 12 feet. The said pathway has
been ... plaintiffs, they are using the pathway to reach their
lands and except this pathway, there is no any alternative pathway available
to reach the lands
prescription would be
erased by the fact that there is an alternate pathway for the
appellant ? "
7. The learned counsel for the appellant / plaintiff ... pathway over the suit pathway; since the ancestors of the plaintiff has been
using the said pathway as common, the respondents cannot deny the pathway
pathway. In
order to reach the first and second respondents/plaintiffs properties, except
ABC pathway as mentioned in the plaint plan, no other pathway ... separate pathway and they can reach their land from the said road
through Odai and there is no pathway. ABC pathway shown in the plaint
further case of the defendant is that there is an
alternate pathway available to the plaintiff and therefore, the plaintiff
cannot claim easement of necessity ... that, the trial Court also held that there
was no other alternative pathway available for the plaintiff. Accordingly,
the trial Court, by judgment and decree
south eastern side of the 'A' schedule property, an
alternative pathway is available to the plaintiff to
reach 'C' schedule property ... judis
S.A.(MD).No.537 of 2021
any other alternative pathway to reach his 'A' schedule
property. Based upon the said findings
report, the Advocate Commissioner pointed out
that there is an alternative pathway available for the plaintiff to
reach her property in suit ... trial Court dismissed the suit
specifically holding that there is an alternative pathway and that the
plaintiff is not entitled to claim easement of necessity
schedule property. The defendants had alleged the
existence of two alternative pathways leading to the `A'
schedule property. However, the same was denied ... only a primary burden to prove the absence of any
alternate pathway. As the defendants have not proved the
existence of any pathway for access
pathway right in the lands of the defendants much less the alleged suit pathway. The plaintiff has not reserved or claimed any pathway right ... vital piece of evidence relating to the availability of the alternative pathway for plaintiff to reach his land. It is also contended that when
