Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Easwaran S.
Somasekharan – Appellant
Versus
Radhakrishnan, S/O Nalumakal Kochuikrishnan – Respondent
| Table of Content |
|---|
| 1. easement by grant question raised. (Para 1 , 2) |
| 2. arguments on enforceability of settlement deed. (Para 6 , 7 , 8) |
| 3. examination of easement by grant. (Para 10 , 11) |
| 4. final outcome and repeat of rights upheld. (Para 28 , 33) |
| 5. court's ruling on enforceability of the easement. (Para 30 , 32) |
JUDGMENT :
Easwaran S., J.
1. Can an easement by grant be created by a settlement deed is the question which falls for consideration in these appeals. The appellant/plaintiff in O.S. No.422 of 2007 has been non-suited concurrently by the courts below on the ground that the covenant in the deed is vague and unenforceable.
2. The appellant, as plaintiff, instituted O.S. No.422 of 2007 before the Additional Sub Court, Irinjalakuda, seeking a declaration of his right of way created under a settlement deed dated 12.4.1979. The suit for declaration was necessitated because a subsequent assignee from one of the brothers of the plaintiff instituted a suit, O.S. No.568 of 2006, before the Additional Sub Court, Irinjalakuda, seeking for a decree of injunction restraining the appellant herein from trespassing into the plaint schedule property, thereby setting up a claim that, the covenant i
Easements by grant can be created through settlement deeds and are enforceable if established clearly, countering claims of vagueness.
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
Conditions in settlement deeds imposing restrictions on marriage or religious vows are void and do not affect property rights.
Easement rights conveyed through property transfers can include implied grants, and a defendant cannot restrict access without legal rights to do so.
Implied easement rights for property use transfer automatically, barring explicit contradictory intentions in property deeds.
Easementary rights must be clearly established through evidence of grant or necessity, and a plaintiff must seek a declaration of such rights to challenge property alienation.
The valuation of a suit seeking to declare a deed of additional right of way as void must be determined under Section 6(iv)(ha) of the Maharashtra Court Fees Act, placing it beyond the jurisdiction o....
The court established that a life interest in property does not constitute a license and that provisions of Section 11 of the Transfer of Property Act do not apply when a life interest is created.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
