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2024 Supreme(Kar) 254

H. P. SANDESH
Mukkaattira Pemmaiah – Appellant
Versus
Mukkatira Jaya – Respondent


Advocates appeared:
Sri B.L.Acharya, Senior Counsel for Smt.Pushpalatha B., Advocate, for the Appellant; Sri S.Sreevatsa, Senior Counsel for Sri M.Umashankar, Advocate, for the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The court affirmed that an easementary right can be acquired through long-term, uninterrupted use of a road for over 20 years, even if the use is characterized as permissive rather than as of right, provided the evidence supports such use (!) (!) .

  2. The case involved a dispute over the right of way over a road used by the plaintiff for accessing his agricultural lands. The plaintiff claimed continuous, open, and peaceful use of the road for over 50 years, which was contested by the defendant who argued the use was permissive and that the road was constructed only 25 years prior (!) (!) .

  3. The court found that the plaintiff had established his easement rights through long-term, uninterrupted use for more than 20 years, satisfying the criteria under the relevant section of the Easements Act, 1882. The evidence demonstrated use since 1980, supported by the obtaining of a certificate of rights (CRC) in 1982 (!) (!) (!) (!) .

  4. The defendant's act of erecting a gate obstructing the road was deemed unlawful, and the courts rightly granted a mandatory injunction for its removal, affirming the plaintiff’s right to use the road freely (!) (!) .

  5. The pleadings did not explicitly state that the use was "as of right," but the courts emphasized that the totality of oral and documentary evidence, including long-term use and possession, supported the inference of an easement by prescription under the law. The absence of explicit pleadings stating "as of right" was not considered fatal given the overall evidence (!) (!) (!) .

  6. The courts held that the evidence showed the use of the road was peaceable, open, continuous, and for the statutory period of more than 20 years, fulfilling the essential ingredients for acquiring an easement through prescription (!) (!) .

  7. The appeal was dismissed, confirming the lower courts’ decisions that recognized the plaintiff's easementary right and ordered the removal of the obstructing gate (!) (!) .

Please let me know if you need further analysis or assistance with this case.


JUDGMENT

H.P. Sandesh, J.

This appeal is filed by the defendant challenging the judgment and decree passed in the original suit as well as in the regular appeal wherein confirmed the judgment and decree of the Trial Court.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of the case of the plaintiff before the Trial Court that the plaintiff is the absolute owner in possession of bane lands bearing Sy.Nos.322/2, 322/3 and 322/4 cultivated with coffee and other crops and also the wet lands bearing Sy.No.310 situated at Nalavathoklu village, Amanthi Nad. The plaintiff's house and other establishment are situated in Sy.No.322/4. In the year 1970, under an oral partition between the plaintiff, his father Karumbaiah and brothers, the above said properties along with other properties devolved to the share of the plaintiff. In the year 1980, the plaintiff has cultivated the bane lands bearing Sy.Nos.322/2, 322/3 with coffee and other crops and CRC of the said properties has been registered in the name of the plaintiff. It is also the case of the plaintiff that for the last 50 years, the plaintiff and his father has been using the suit schedule road openl

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