Karim Baksh v. Budha

[250] If the road is a public thoroughfare, then, inasmuch as the plaintiff's alleged no special injury, the suit for the removal of the encroachment cannot be maintained—Baroda Prasad Mostafi v. Gora Chand Mostafi (1); Pyari Lal v. Books (2); Hira Chand Banerjee v. Shama Charan Chalterjee (3). There is, it is true, a decision to the contrary —Jina Ranchod v. Jodha Ghella (4), but the weight of authority supports the view taken by the Judge, which accords with the English law on the subject and is based on principles well understood. But it must be determined whether the road in suit is a public thoroughfare.