9911796707
TMI Blog1941 (10) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... anted to reconstruct his houses which stood on the east side of the lane and had even obtained permission from the Municipal Board the Defendants unlawfully closed the northern and of the lane also and built walls in front of the plain iff's two doors which opened on the lane. They had also opened new doors in their own house towards the disputed lane and interfered with the Plaintiff's right to pass over this lane. Hence the Plaintiff sought demolition of the walls erected at the north and south end of the lane and of the latrine constructed by the: Defendants in the lane, and an injunction restraining the Defendants from parsing over the lane through the doors which they had opened and from interfering with the Plaintiff's rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alls and gate at the north and south ends of the lane and for removal of the latrine and of a wall built by the Defendants in front of the doors, be they new or old, opened by the Plaintiff on the east side of the lane. 2. In this second appeal Learned Counsel for the Appellants had at first sought to argue a question of estoppel but he was unable to show that estoppel was seriously pleaded by the Defendants, nor has he been able to quote the passage in the pleadings upon which he would found any plea of estoppel. He was inclined to suggest that it might be a case of estoppel by acquiescence but the case dees not seem to fall within the scope of estoppel by acquiescence as set forth in the well-known case of this Court Jai Nara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of trespass in which someone's possession of land is affected and not the exercise of a right. On the other hand there is no room for doubt and Appellant's Learned Counsel does not dispute that obstruction to a water-course and to the flow of water is a continuing wrong as to which the cause of action is renewed de die in diem so long as the obstruction causing such interference is allowed to continue--of., Rajrup Koer v. Abdul Hossein (1880) 6 Cal. 394 It has been remarked with regard to obstruction with reference to a right of way that there is no distinction in principle between the obstruction to a water-course and obstruction to a right of way so far as the applicability of this section (S. 23 of the Limitation Act) is concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cause of action arises on the date when the damage is caused, and it is not a case in which a recurring cause of action arises on every occasion when the owner of the arm wants for instance to raise it or to use it. The English case of Earl of Harrington v. Corporation Derby (1905) 1 Ch, D 205 (226), appears to be a case of this kind. 4. Learned Counsel for the Respondents has referred to a series of cases with reference to the obstruction of rights of way. In Sreemati Soojan Bibi v. Shamed Ali (1897) 1 Cal. W.N. 96, a single Judge of the Calcutta High Court held that any interruption of the easement (in this case a right of way over the Defendant's land) gave the Plaintiff a recurring cause of action de die in diem unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or 6 years can apply. 6. Learned Counsel for the Appellants sought to rely Erst upon the Madras case of The Municipal Commissioners for the City of Madras v. Sarangapani Mudaliar (1895) 19 Mad. 154. In that case the Municipality of Madras sued to recover as forming part of a highway a strip of laud adjoining the house of the Defendant on which a pial had been erected more than 45 years before the suit. 7. Held, assuming that the land in question was originally included in the street, that the Defendant had acquired a title by adverse possession against the Municipality, which was not entitled to call in aid the provisions of the Limitation Act, Sch. II, Article 194 . 8. But in this case the ratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
