Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Sulochana Devi Wife Of Radhe Shyam Tiwari – Appellant
Versus
Rajkumari Devi Widow Of Late Ganesh Thakur – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
Heard the learned counsel appearing on behalf of the parties.
2. This appeal has been filed against the judgement dated 14.09.2015 and decree dated 28.09.2015 passed by District Judge, IInd, Deoghar in Title Appeal No.16/2004 affirming the judgement dated 15.03.2004 and decree dated 29.03.2004/20.04.2004 passed by learned Subordinate Judge, IInd, Deoghar in Title Suit No.127 of 2000.
3. This appeal has been admitted for final hearing by framing three substantial questions of law as contained in order dated 25.02.2019. However, the third substantial question of law was deleted with the consent of the parties vide order dated 29.02.2025.
4. Consequently, only two substantial questions of law survive for consideration which are as follows:
“(A) Whether right of easement has not been properly appreciated by both the Courts considering the factual aspects available in the plaint itself?
(B) Whether right of easement can be said to be applicable though not applicable without giving proper appreciation to justice, equity and good conscience?”
5. Title Suit No.127 of 2000 was filed by the sole plaintiff namely Ganesh Thakur on 11.12.2000 against the sole defen
Where Easement Act inapplicable, easement rights governed by justice, equity, good conscience; right by gift deed extinguished by changed circumstances providing independent access and causing servie....
Court clarified that claims for easementary rights require explicit pleadings and declarations, ruling on injunction based on possession without such declarations is unsustainable.
Easementary rights can be implied from circumstances and do not require explicit mention in pleadings, affirming the right to access property above owned land.
Easementary rights must be evidenced by uninterrupted and peaceable enjoyment for twenty years, as per Section 15 of the Indian Easements Act, to be enforceable.
The main legal point established in the judgment is the requirement for a proper examination of evidence and claims in cases involving right of way, and the need for the court to consider all relevan....
Establishment of easementary rights requires substantiation through historical use or necessity; bona fide purchasers must prove good faith and due diligence.
The court established that an easementary right can be acquired through long-term, uninterrupted use, even if the specific phrase 'as of right' is not explicitly stated in the pleadings, provided the....
(1) Decree of permanent injunction cannot be granted by going against stipulations in agreement to sell.(2) Interpretation of Documents – Where language employed in instrument is clear and unambiguou....
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.
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
