ADMIT.
Shri Chirag Patel, learned advocate waives service of notice of Admission on behalf of the respondent.
The following substantial questions of law arises for determination of this Court in the present Second Appeal.
Whether the permissible user can be stopped or not? Whether suit to restrain the defendant by the plaintiff brings an end to such a permissive user of the way?
Whether the private way of the plaintiffs' society can be compared as a T.P. Scheme Road and on that basis whether it can be declared by the Court that open way is liable to be used by all the persons concerned?
Whether as an individual owner of the bungalow having common interest on the land, the suit of the plaintiffs is maintainable or not?
Whether in a co-ownership society the plaintiffs having 1/30th share on the land, can have a right to file a suit to restrain a wrong doer?
Upon whom the burden of proof lies when both the parties are having rival claims and when right of way is claimed by the defendant, then in the absence of proof of any document or any witness being examined, whether the court can give any right of way to such defendant?
(M.R.
Shah, J.) menon Top