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A. BADHARUDEEN
Variyam Kunnummal Aneesan S/o Kumaran – Appellant
Versus
Ariyara Meethal Kumaran S/o Chekkotti – Respondent
1. This Regular Second Appeal has been filed under Section 100 r/w Order XLII Rule 2 of the Code of Civil Procedure (for short ‘the C.P.C.’ hereinafter) against the decree and judgment in A.S. No. 12/2020, dated 24.2.2023 on the files of the Sub Court, Vatakara, arose out of the decree and judgment in O.S. No. 223/2015, 31.1.2020 on the files of the Munsiff Court, Nadapuram. The appellants herein are the defendants in the suit.
2. Heard the learned counsel for the appellants on admission. Perused the trial court records.
3. I shall refer the parties in this appeal as ‘plaintiff’ and ‘defendants’ for convenience.
4. The suit was filed by the plaintiff, seeking the relief of mandatory as well as consequential prohibitory injunction. According to the plaintiff, when plaint schedule properties were severed, there arose a necessity to provide a way towards plaint A schedule property. Accordingly, a way through plaint C schedule property was provided through the extreme south side of plaint C schedule property lying in eastwest direction starts from south-east corner of the plaint A schedule property on the west and reaches the mud road on the east. The eastern boundary of the plaint C and
The central legal point established in the judgment is the interpretation of the evidence and the application of the legal principles, including the provisions of the Easement Act, 1882, to determine....
Entitlement to easement by necessity due to property fragmentation and absence of alternative pathways.
Easement rights under the Indian Easements Act require proof of continuous use and previous single ownership; failure to establish these elements results in dismissal of claims.
Point of Law : Court held, “...the alternate access should be one which could be used as a matter of right and not at the sufferance of somebody”.
(1) Second Appeal – Second appeal cannot be decided on equitable grounds and conditions mentioned in Section 100 read with Order XLII Rule 2 of C.P.C. must be complied to admit and maintain a second ....
Easement by grant is governed by the terms of the grant between the parties alone, and the scope of the grant is determined by those terms.
An easement of necessity requires proof of common ownership and that the easement is essential for the enjoyment of the property; mere claims of necessity without establishing these conditions are in....
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