SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1989 Supreme(Ker) 546

S.PADMANABHAN
R. Ram Mohan – Appellant
Versus
Narayanan Namboodiripad – Respondent


JUDGMENT

S. Padmanabhan, J.

1. Second appeal is by the plaintiff in a suit for permanent prohibitory injunction who lost in both the courts. The question for consideration is whether a right of quasi easement or an easement of necessity is available to him to seek the injunction relief.

2. A and B-schedule properties together formed a compact plot of 78.75 cents having road frontage to its entire south. A-schedule 13.75 cents on the south-western corner of it having the full road frontage was sold by the respondent to the appellant under Ext. A1 on 16-7-1971 retaining B-schedule property with him. After about 10 years appellant removed the existing building and made a new construction covering the entire length and breadth of A-schedule. Respondent put up a gate to his B-schedule property from the southern road immediately to the east of A-schedule and then he closed it. It was then that this suit for injunction was filed claiming quasi easement and easement of necessity. Both claims' were denied. Claim was for access of lorries direct to an oil tank constructed in the back of his building.

3. On the evidence, both the courts found that the claims cannot stand. Those findings are unass



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top