question from time immemorial. It is quite true that the expression "immemorial user" is not used in the plaint. The plaint shows that ... been enjoyed from time immemorial. It has been suggested in the course of the argument before us that immemorial user or ancient right cannot
question from time immemorial. It is quite True that the expression "immemorial user" is not used in the plaint. The plaint shows that ... been enjoyed from time immemorial. It has been suggested in the course of the argument before us that immemorial user or ancient right cannot
plaintiffs claimed a right to this way on the basis of immemorial user. His contention is that if it had been so pleaded he might ... plaintiffs were basing their claim apart from prescription also on immemorial user. Para. 5 is the paragraph which gives the statement of facts on which
cart way at "B and C" by virtue of
immemorial user.
(d) That the defendants without having any right are
interfering with plaintiffs ... hand sketch map by immemorial
user and on consequential basis.
b. A decree of permanent
prohibitory injunction may
kindly be granted in favour
public, it may be presumed to be a public
graveyard by immemorial user, that is, where corpses of the
members of the Mahomadan community have ... prayers since a very long
time and had become wakfs by immemorial user. It was further
alleged that property No. (1) was a public grave
water falling on or invading his land
including flood water on immemorial user, and not on the
natural right of the owner of higher land ... invading his
land including flood water on the basis of immemorial user.
The defence of the first two defendants was that the land
actually slopes
called a wakf property, the judicial decisions also recognised wakf by immemorial user. That has been referred to in section 188 of the Mulla ... though express dedication was not possible to establish, the evidence of immemorial user of any such property for religious purpose was enough to raise
claimed on several grounds. The first was by way of immemorial user, by acquisition as prescription, as grant and as easement of necessity. They also ... limitation and that the plaintiffs have not acquired any easement by immemorial user or prescription or by way of necessity. The written agreement is said
pleading regarding the right of easement claimed on the basis of immemorial user. It is, therefore, not open to us in this second appeal ... case, where such right is claimed on the basis of immemorial user and not on the basis of prescriptive right under Section
these witnesses is wholly insufficient to warrant a finding of ancient immemorial user, the other equally important aspect of a customary right ... fact which is totally destructive of the case of ancient and immemorial user of a particular pathway. The discussion of the learned District Judge
