https://www.taxtmi.com/caselaws?id=171761 Misconstruction of a partition deed can raise a substantial question of law under Section 100 CPC, allowing second appeal interference where the lower courts applied the wrong legal principle to documentary evidence. The Supreme Court held that the High Court was justified in examining the true legal effect of the deed because the dispute was not confined to an easement of necessity. On the deed's terms, the right of way was an easement by grant, governed by the grant itself and not dependent on necessity. Section 41 of the Indian Easement Act did not extinguish that right merely because an alternative access later became available. en-us Mon, 08 May 2006 00:00:00 +0530 Wed, 06 Apr 2016 12:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171761 Misconstruction of a partition deed can raise a substantial question of law under Section 100 CPC, allowing second appeal interference where the lower courts applied the wrong legal principle to documentary evidence. The Supreme Court held that the High Court was justified in examining the true legal effect of the deed because the dispute was not confined to an easement of necessity. On the deed's terms, the right of way was an easement by grant, governed by the grant itself and not dependent on necessity. Section 41 of the Indian Easement Act did not extinguish that right merely because an alternative access later became available. Case-Laws Indian Laws Mon, 08 May 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171761