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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.SYAMSUNDER
Vepuri Ratta rao, @ Rattaiah,, S/o Jagannadham – Appellant
Versus
Gottupulla Koteswara Rao, S/o. Chandraiah – Respondent
| Table of Content |
|---|
| 1. entitlement to claim easement rights. (Para 1 , 2 , 3 , 4 , 5) |
| 2. issues settled by trial court. (Para 6 , 7 , 8) |
| 3. appellate court's decision. (Para 9 , 10) |
| 4. arguments from both parties. (Para 11 , 12 , 13) |
| 5. substantial questions of law raised. (Para 14 , 15 , 16) |
| 6. principles of easement and necessity. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 7. conclusion on the plaintiff's claim. (Para 25) |
| 8. court’s final order. (Para 26) |
JUDGMENT :
B SYAMSUNDER, J.
1. The first defendant in O.S.No.246 of 1990 on the file of Principal District Munsif Court, Eluru, is appellant herein. The first respondent is plaintiff and Respondent Nos.2 to 4 are defendant Nos.2 to 4 in the suit.
2. The appellant/Respondent Nos.2 to 4 and first respondent herein after referred to as defendant Nos.1 to 4 and plaintiff as arrayed before the trial Court.
3. The plaintiff/1st respondent instituted the suit against defendants seeking relief of mandatory injunction directing the defendants to restore current pipes "P, P1‟ at point "ABCD‟ shown in the plaint plan to its original position in the irrigation channel and to grant permanent injunction restraining defendants from interfering with current pipes
The plaintiff's claim of easementary right was not maintainable as he failed to seek the relief of declaration despite the denial of his right by the defendants.
The plaintiff, as the manager of the family, was entitled to maintain the suit for permanent injunction on behalf of her sons, and the defendants' interference with the plaintiff's right of enjoyment....
The plaintiff, as the manager of the family, was entitled to maintain the suit for permanent injunction on behalf of her sons, and the defendants' interference with the plaintiff's right of enjoyment....
Point of Law : Article 21 of the Constitution of India provides protection of life and personal liberty and a citizen cannot live without water and it would definitely come under the basic need of a ....
The judgment established that a person conferred with the right of easement of access over a pathway is entitled to enjoy other ancillary rights necessary to secure full enjoyment of the easement rig....
The main legal point established in the judgment is the necessity of specific pleading and evidence to establish easementary rights, the burden of proof in establishing such rights, and the court's r....
Failure to seek declaration and recovery of possession is a legal hurdle in granting a mandatory injunction. The burden to establish the right shifts to the plaintiff, who must prove the disputed lan....
Point of Law : Easementary right – The right of every owner of upper land that water naturally rising, or falling on such land, and not passing in defined channels, shall be allowed by the owner of a....
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