High CourtsDivision Bench(1908) 11 MAD CK 0027

Varadaya Shetti vs Tyampa Shetti and Others

Madras High Court · Decided on 13 November 1908 · Citation: 2 Ind. Cas. 315

HON’BLE JUDGES
Wallis, J · Miller, J

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Judgment

4 paragraphs · 87 words
1.

The finding is that the plaintiff has boon in. enjoyment of the right for at least forty years, which the Judge says may be called immemorial right.

We think that he means to find that enjoyment must be referred to a legal origin. It is, therefore, unnecessary for the plaintiff to rely on Section 15

of the Indian Easements Act. The decree of the Subordinate Judge must be set aside and that of the District Munsif restored with costs here and in

the lower appellate Court.