Back
P. B. BALAJI
Rajkumar – Appellant
Versus
Academy of Maritime Education and Training – Respondent
JUDGMENT :
P.B. BALAJI, J.
1. The unsuccessful plaintiffs before the trial Court as well as the first appellate Court, in a suit for Declaration of Easementary Right, are the appellants herein. The parties are described as per their litigative status in the suit. The pleadings in summary, in order to appreciate the respective contentions of the parties and in order to adjudicate the above Second Appeal, are as follows:
To establish an easement of necessity, there must be common ownership and impossibility of enjoyment of one tenement without the other; mere lack of alternative access is insufficient.
The right to use a path for accessing one's property can be established through long-term use and relevant property documents, regardless of explicit claims under the Easement Act.
Easement rights require clear identification and specific evidence; the absence of a proper survey plan undermines claims for easement by prescription.
Easementary rights must be substantiated by clear evidence of continuous use, and title documents play a crucial role in determining such rights.
The main legal point established in the judgment is the requirement for specific pleadings and categorical evidence to establish the right of easement by prescription, as well as the essential ingred....
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.
Element of necessity may not be so absolute as in the case of an easement of necessity and unlike it a quasi-easement may not get extinguished by the cessation of the necessity.
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
