TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Dispute Over Lane Obstructions: Legal Battle Ends in Favor of Equal Passage Rights</h1> <h3>Masooma Bibi and Ors. Versus Mohammad Said Khan and Ors.</h3> Masooma Bibi and Ors. Versus Mohammad Said Khan and Ors. - 1942 AIR 77 (All) Issues:- Suit for removal of obstructions to a lane in Gorakhpur- Determination of whether the lane in dispute is a public street- Estoppel argument raised by Appellants- Question of whether the suit was filed within limitation- Application of Section 23 of the Limitation Act to cases of obstruction of public right of way- Comparison of cases related to obstruction of rights of way- Interpretation of a right of way as a continuing wrong- Reference to relevant case laws on the subject- Decision on the suit's timeliness and relief soughtAnalysis:1. The case involved a second appeal regarding the removal of obstructions in a lane in Gorakhpur. The Plaintiff alleged that the Defendants unlawfully closed the lane and interfered with the Plaintiff's right of passage. The lower appellate Court determined that the lane was not a public street but a public lane, granting both parties equal rights of passage. The Plaintiff sought relief for the removal of walls, gates, and other obstructions hindering passage over the lane.2. The Appellants initially raised an estoppel argument, but it was not supported by the pleadings or evidence. The Court found no basis for estoppel by acquiescence. However, a new question arose regarding the suit's timeliness, specifically whether the obstruction of a public lane constituted a continuing wrong, triggering Section 23 of the Limitation Act.3. The Court delved into the application of Section 23 of the Limitation Act to cases of obstruction of public rights of way. It distinguished between cases of trespass affecting possession and obstruction of rights, emphasizing that obstruction to a right of way is a continuing nuisance, renewing the cause of action daily as long as the obstruction persists.4. Various cases were referenced to support the interpretation of obstruction of rights of way as a continuing wrong. These cases highlighted that obstruction of a right of passage is not akin to a title or possession, warranting a different approach to limitation periods.5. The Court discussed the Madras case and a Full Bench case of the Lahore High Court, emphasizing the distinction between ouster from possession and interference with a right of passage. It concluded that obstruction hindering the exercise of a right of way constitutes a continuing wrong, triggering a fresh limitation period under Section 23 of the Limitation Act.6. Ultimately, the Court determined that the suit was filed within the limitation period, as the Plaintiff's claim for the removal of obstructions to the right of way was valid. The lower appellate Court's decision to grant relief for the removal of obstructions was upheld, and the appeal was dismissed with costs.This detailed analysis of the judgment provides a comprehensive overview of the legal issues, arguments presented, and the Court's reasoning in reaching its decision.
TaxTMI 