THOMAS P.JOSEPH
Ramapriya Hotel (P) Ltd. – Appellant
Versus
Trivandrum Specialists Hospitals Private Limited, Pattom Thiruvananthapuram Represented By Its Managing Director Dr. C. Bharathchandran – Respondent
Key Points: - The court discusses whether the right of access granted by Ext.A3 and Ext.A1 is over a specific way or a temporary permissive use, given lack of alignment/width in those documents (!) (!) (!) . - It analyzes the applicability of Section 22 of the Easements Act to cases with an unascertained or nondemarcated way versus express grants where the way is already determined (!) (!) (!) (!) . - It uses Advocate Commissioner Ext.C1, Ext.C2, Ext.C2(a) to ascertain the width and route of the plaint B schedule road and confines relief to the route defined in Ext.C2(a) (!) (!) . - It concludes that where the way is ascertained and clearly defined by express grant, Sec.22 has no application, and the dominant owner cannot be compelled to use an alternate route; if not ascertained, Sec.22 may apply and the route must be determined by the court through appropriate evidence (!) (!) (!) (!) . - The Second Appeal is allowed in part, limiting decree to the way marked by Advocate Commissioner Ext.C2(a) (!) .
Thomas P. Joseph, J.
1. Heard. The appeal is admitted on the following substantial question of law:
"Whether in a case where the document granting a right of easement does not specifically mention alignment of the way over which the grant is created, use of another way belonging to the servient owner temporarily with permission of the servient owner would fasten the agreement as per the document on that way".
2. There was an agreement between the first appellant-original defendant and respondent-plaintiff, a Company to lease out the land belonging to the first appellant to facilitate respondent running a specialised hospital. Accordingly Ext.A3, agreement dated 05.04.1986 was executed between the first appellant and the respondent whereby the first appellant agreed to lease out 4 acres belonging to it to the respondent in two phases. That was followed by Ext.A1, lease deed dated 15.01.1987 executed by the first appellant in favour of the respondent regarding plaint A schedule - 2 acres for a period of 150 years. Exhibit A1, lease deed provided, though in the schedule describing the property leased that respondent will have a right for vehicular traffic from the main road
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