Code of Civil Procedure, 1908–Order 7, Rule 11–Rajasthan Tenancy Act, 1955–Sec. 251-A–Suit for easement, mandatory and permanent injunction in regard to way–Application under Order 7, Rule 11 with the averments that the suit is not maintainable before the Civil Court in view of the provisions of Secs. 251-A of Rajasthan Tenancy Act–Dismissal of application–As per averments of plaint, the plaintiff claimed the right of easement of way since last 100 years and alleged that the defendant blocked this way by raising the wall and door–Further averments that he promised to open the way but declined subsequently–It is the mixed question of facts and law that the way was closed by the defendant and subsequently, he promised to open the same–Provisions of Sec. 251-A apply in the case of grant of new way or for widening the way–Rights of easement in regard to working way cannot be claimed through the provisions of Sec. 251-A–Held, no case is made out for interference.
