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

2000 Supreme(Mad) 801

K.SAMPATH
Ramasamy & Others – Appellant
Versus
K. C. Doraisamy – Respondent


Advocates:
S. Nethaji for P.V. Bakthavatsalam, for Appellants. N. Manokaran, Amicus
Curiae, for Respondent.

Judgment :

1. The defendants in O.S.No.584 of 1987 on the file of the District Munsif, Satyamangalam, are the appellants in the second appeal. The respondent herein filed the suit for declaring his easementary right of cart-track to take carts, cattle and men over ABC pathway as shown in the plaint plan to reach his land from the main road on the west and for restraining the defendants/appellants and their men by means of a permanent injunction from interfering with his peaceful enjoyment of such easement.

2. The case as set out in the plaint was as follows: The cart-track ABCDE marked in red colour in the plaint plan runs along the southern border of the appellants’ land western and northern sides of his land and proceeds further eastwards. The said cart-track has a width of 10 feet and has been in existence for more than 50 years prior to the filing of the suit. The villagers of Kondi Bommanur lying east to the suit property had been using the cart-track to walk, take carts, cattle and men to and from the main road on the west. The cart-track had been created long long ago and had been used as a public road. A canal was dug across the cart-track east to his land about 15 years pr





















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