HARIJAN UKA AMRA Vs. CHAMAR DHUDA VIRA

JUDGEMENT

(1.) THIS brings me to the second important contention raised by Mr. Chhatrapati. He invited my attention to Illustration (i) appended to sec. 1 of the Easement Act which gives a legislative recognition to the natural right of the sort claimed in this case. The said illustration reads as follows: -

(2.) THERE is one judgment of the Calcutta High Court clearly supporting the view taken by me above. It is the case of NATABAR SASMAL AND OTHERS V. KRISHNA CHANDRA BERA AND OTHERS A. I. R. 1942 CALCUTTA 261. In that case it has been held inter alia as follows: