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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
URMILA JOSHI-PHALKE, J
Navinchand S/o Tilakchand Shah – Appellant
Versus
Bhikulal Ramdulare Gupta – Respondent
JUDGMENT :
URMILA JOSHI-PHALKE, J.
1. By this appeal, appellants have challenged judgment and decree passed in RCA No.6/1994 by learned 2nd Ad Hoc Additional District Judge, Achalpur dated 29.9.2005 by which the appeal of respondents was allowed and the judgment and decree of the trial court to the extent of counter claim in respect of the injunction on user of JC door to go to the eastern service lane was set aside. It was further directed that the plaintiffs’ claim to restrain the defendants permanently from interfering with their right to repair their southern wall by going through the door JC is decreed. The defendants were permanently restrained from interfering the plaintiffs to use JC door to repair their southern wall.
2. Brief facts of the plaintiffs case are as under:
3. The plaintiff Nos.1 and 2 are brothers and they are owners of house bearing municipal No.71, situated on nazul plot No.127, sheet No.19, in ward No.8, Paratwada. The original owner of the said house property was their grandfather Ramdhin who purchased it by registered sale deed dated 28.7.1975 and reconstructed it in the same year. The house of the defendants is situated on south of their house. As per conten
Easementary rights must be established through continuous use for 20 years and absolute necessity, which the plaintiffs failed to prove.
Easementary rights must be established by clear evidence of uninterrupted use for 20 years; mere convenience does not suffice for easement of necessity.
Easementary rights must be evidenced by uninterrupted and peaceable enjoyment for twenty years, as per Section 15 of the Indian Easements Act, to be enforceable.
Point of law : an inference of fact from a document is a question of fact. But the legal effect of the terms or a term of a document is a question of law. Construction of a document involving the app....
The court established that an easementary right can be acquired through long-term, uninterrupted use, even if the specific phrase 'as of right' is not explicitly stated in the pleadings, provided the....
The burden of proof lies with the plaintiff to establish their case, and the court will uphold decisions based on evidence presented, rejecting contentions of delay and laches, and the applicability ....
Easementary rights must be substantiated by clear evidence of continuous use, and title documents play a crucial role in determining such rights.
The court affirmed that claims for easement by prescription require clear evidence of uninterrupted enjoyment for 30 years and that different causes of action can support distinct suits without invok....
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