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A. P. THAKER
Kantaben Parsottamdas – Appellant
Versus
Ganshyambhai Ramkrishan Purohit Deceased Through Heirs – Respondent
JUDGMENT :
1. Being aggrieved and dissatisfied with the judgment and decree dated 12.08.1988 passed by the learned Second Joint District Judge, Vadodara, in Regular Civil Appeal No.353 of 1984, the original defendant has preferred the present Second Appeal.
2. The appellant is the original-defendant and respondent is the original-plaintiff. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the trial Court.
3. The plaintiff has filed the suit for permanent injunction for restraining the defendant from obstructing the plaintiff from passing over the land of the defendant. It was alleged by the plaintiff that he is the owner of the property of 370 Sq. ft. on external side of the Survey No.101/2 paiki of Tika No.6/1 situated in Kansara Pol of Chokhandi area of Vadodara City. There is a Chowk on west side of his property and parcel of land admeasuring 11 ft. X 8 ft., North-south and east-west respectively is claimed to have been owned by plaintiff. It is the case of the plaintiff that since last 35 years, he was the tenant of the said property at monthly rent of Rs.7/- and ultimately he has purchased from its original
Easementary rights must be substantiated by clear evidence of continuous use, and title documents play a crucial role in determining such rights.
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.
The existence of an easement of necessity can be asserted if no alternative access exists, obligating the defendant to allow passage through their property.
A plaintiff claiming a right of easement must demonstrate continuous, uninterrupted use for the statutory period to establish the claim, as per the Easements Act, 1882.
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