Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. SIVAGNANAM
Sellappan – Appellant
Versus
Ramasamy Gounder – Respondent
JUDGMENT :
V. SIVAGNANAM, J.
1. Challenge in this second appeal is made to the Judgment and Decree dated 29.04.2011, in A.S.No.34 of 2010, on the file of the Subordinate Court, Tiruchengode, reversing the Judgment and Decree dated 12.01.2010, in O.S.No.51 of 2002, on the file of the Principal District Munsif Court, Tiruchengode.
2. For the sake of convenience, the parties are referred to as per their rankings in the Trial Court.
3. The case of the plaintiffs, in brief, is that plaintiffs are the owners of the lands in S.Nos.204/2A, 204/1F, 204/1D, 215/6, 215/7 and other lands at Palamedu village, Tiruchengode Taluk. The defendants are the owners of the lands in S.No.215/5 at Palamedu village, Tiruchengode Taluk. The lands in S.Nos.215/5 and 215/6 are adjacent to each other and in between the lands of S.Nos.204 and 215, Thirumanimutharu river runs and there cannot be water in the river in all the months of the year. There is a well beaten cart track that starts on the western corner of S.No.215/6, runs along the southern border of S.No.215/5, then runs towards the west to S.No.215/5 and then to Thirumanimutharu river and reaches S.No.204/1D. The plaintiffs are using the said cart track
Easement rights can be established based on necessity even if prescriptive rights are not proved, provided there is evidence of long-standing usage.
The court affirmed that the plaintiffs possess a right of easement of necessity over a cart track essential for accessing their agricultural lands, with no evidence of alternative routes.
The court determined that easementary rights granted in a sale deed are valid and enforceable, overruling lower court findings based on misinterpretation of evidence.
The limitations of interference under Sec. 100 of CPC and the requirement of substantial question of law for second appeal.
The courts upheld the right of the plaintiffs to use the cart track as mentioned in the schedule to the plaint, perfected by prescription and necessity.
The right to establish an easement by prescription requires uninterrupted use for twenty years, which the plaintiff failed to demonstrate.
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
