1) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

2) you can claim easmentary right of necessity as there is no other way to reach your house

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

1 Fornusng a proeprty for public purposes for long years gives the ueser a easemntary rughts over the proeprty/pathway.

2.SO in your case also you by suing it for more than 50 years have acquired easemetary rigthts over the said pathwya.

3.Now if the owner is raising obstructions in using the same you can file a declaratory suit and seek injunction on restraint of using it.

4.However you would succeed only if the same is only way to have egress and ingress in your proeprty.Existence of any alternative pathway would destroy your case.

1. File a civil suit for declaration that you have the right of easement through the property of your neighbour. In your case it is easement by necessity and also prescription.

2. Also seek permanent injunction to restrain him from obstructing your right to easement.

Make application to panchayat for construction of tarred road

Enclose consent letters of majority of plot owners

Claim easmentary right of necessity as there is no other approach Road

Now the land owner objecting to use the road in his lad which is the only one way to approach our property.

How we can fight for making legalized road on the basis of 'Right of way "

You have to first establish the path way access from your property to road.

Once it is ascertained then you can issue a legal notice to the opposite party to give way for your ingress and egress to your property.

If you dont find any respond then you may file a suit for easement rights.

The easement by necessity is the only option availsble before you.

The panchayat authority can very well lay the road ion the request of all other residents using the said path way.

The panchayat authorities will be having the land records by which they can very well make a sketch plan for the road to be laid without asking consent or NOC from the adamant occupier.

Let him go to the court challenging the authority of the panchayat.

This is easement by necessity hence the court may entertain the claim by the person obstructing the use of pathway for ingress and egress purpose by the other people of the locality.

1. All those who have no other path to access their property can file a suit for declaration of their easementary right against this man.

2. No document is required to be executed.