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1990 Supreme(Mad) 900

SRINIVASAN
R. Louis @ R. P. Thambi Raja – Appellant
Versus
R. Irudayamary Ammani – Respondent


Advocates Appeared:
For the Appellant:M/s. M.B. Dominique & K. Sukumar, Advocates.
For the Respondent:S.R. Sundaram, Advocate.

Judgment :-

The unsuccessful plaintiffs who lost in both the Courts are the appellants herein. They claimed rights of easement, one, of passage and another, of light and air. They are the owners of Door No. 19/128, Trichv road, Singanallur, Coimbatore-5. The adjacent property on the east, namely, No. 19/129 is admittedly owned by the respondent herein. There are two door ways marked as ‘x’ and ‘y’ on the eastern wall of the appellants house. The appellants claim right of way along the open space on the rear side of the respondents house to reach Trichy Main Road from the door ways, ‘x’ and ‘y’. The courts below have rightly pointed ou t that the appellants cannot make any such claim by way of right of easement as both the houses are abutting the Trichy Main Road having direct access thereto. Hence there is no question of any right of easement in favour of the appellants over the property of the respondent.

2. The appellants placed reliance on Section 13 of the Easements Act and contended that the property was originally owned in common by Doraisamy Raja Bahadur and by his Will he gave a life interest in favour of his sister in both the houses. The said sister died on 29.9.1977. Accor




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