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

1965 Supreme(Raj) 222

BHANDARI
Shiv Pyari – Appellant
Versus
Mst. Sardari – Respondent


Advocates Appeared:
Kishenlal Manihar, for Appellants; Girdharilal, for Respondent

BHANDARI, J.—This Civil Second Appeal by the defendant arises under the following circumstances.

2. Two houses adjacent to each other as shown in plaint (Ex. 3) on the record situated in Jodhpur City formed one single house at one time. Of these two houses, the southern house belongs to Mst. Sardari plaintiff-respondent, while the northern house belongs to Mst Shiv Pyari defendant-appellant. Outside both the houses, there is a Chabutra with a staircase which is marked by letters EBCF in the plan. Part of the Chabutra is in front of the house of Mst. Sardari, while the rest with the staircase is in front of the house of Mst. Shiv Pyari. In front of both the houses, there is a public road. The case of the plaintiff is that to have access to the public road from her house, she has to make use of the Chabutra and the staircase marked ABCD in front of the house of the defendant. She claimed that she had the right of easement of necessity to the use of the Chabutra ABCD with the staircase as there was no other way to go to the public road from her house. She further claimed that she had acquired the right of easement by way of prescription as she and her predecessors-in-title had been usi




















































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