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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
| Table of Content |
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| 1. substantial questions on easement appreciation and equity. (Para 2 , 3 , 4) |
| 2. easement claim via gift deed over obstructed passage. (Para 5 , 6 , 7 , 8 , 9 , 10 , 13) |
| 3. easements governed by justice, equity, good conscience. (Para 11 , 12 , 14) |
| 4. alternative access negates easement under equity. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 24) |
| 5. gift deed prevails over sale via section 48 tpa. (Para 22 , 23) |
| 6. maps show independent staircase and structural changes. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 7. equity denies easement due to inconvenience, alternatives. (Para 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 8. appeal allowed; questions favor no easement. (Para 45 , 46 , 47) |
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 fra
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....
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