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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Ramaiyan (Died) – Appellant
Versus
Santhakumari – Respondent
JUDGMENT :
R. Sakthivel, J.
This Second Appeal is directed against the Judgment and Decree dated December 11, 2014 passed in A.S.No.38 of 2011 by the 'Subordinate Court, Mannargudi' [‘First Appellate Court' for brevity] confirming the Judgment and Decree dated January 28, 2011 passed in O.S.No. 68 of 2006 by the 'District Munsif Court, Mannargudi' ['Trial Court' for brevity].
2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
Case of the Plaintiff:
3. The plaintiff has filed the Suit seeking the relief of declaration that the plaintiff has got customary easementary right to draw water for her land through the Suit Property, consequential permanent injunction restraining the defendants from constructing any compound wall or any other masonry structure in the Suit Property or in any way interfering with the plaintiff’s enjoyment of the Suit Property as field bothie (Kanni) for irrigating her lands, and for costs.
3.1. The plaintiff purchased the properties situated in Survey Nos.829/3, 830 and 836, which are included in the Ayacut of Mannargudi channel, by way of registered Sale Deed dated October 25, 1990 from one Venkatac
The court affirmed the plaintiff's customary easementary rights to draw water through the Suit Property, rejecting the defendants' claims of obstruction.
The court affirmed the customary easementary rights of the plaintiff to draw water through the Suit Property, as supported by statutory provisions and lack of evidence from defendants to refute this ....
Easements of necessity require clear proof of their existence and use; mere historical claims without current substantiation are insufficient.
A plaintiff seeking an injunction must establish a legal right over the property in question, particularly in cases involving government-held land and easement rights.
The plaintiff, as the manager of the family, was entitled to maintain the suit for permanent injunction on behalf of her sons, and the defendants' interference with the plaintiff's right of enjoyment....
The plaintiff, as the manager of the family, was entitled to maintain the suit for permanent injunction on behalf of her sons, and the defendants' interference with the plaintiff's right of enjoyment....
The main legal point established in the judgment is the necessity of specific pleading and evidence to establish easementary rights, the burden of proof in establishing such rights, and the court's r....
Point of Law : Easementary right – The right of every owner of upper land that water naturally rising, or falling on such land, and not passing in defined channels, shall be allowed by the owner of a....
The plaintiff's claim of easementary right was not maintainable as he failed to seek the relief of declaration despite the denial of his right by the defendants.
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