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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
A.R. Saminathan – Appellant
Versus
Balan @ Balasubramanian – Respondent
| Table of Content |
|---|
| 1. claim existence of easementary rights (Para 1 , 2 , 3) |
| 2. judgment confirming partial claims (Para 5) |
| 3. dispute over water fetching rights (Para 6 , 8) |
| 4. court's reasoning on customary rights (Para 7 , 9 , 10 , 11) |
JUDGMENT :
S. SOUNTHAR, J.
1. The defendant in the suit is the appellant. The suit is for declaration that the plaintiffs were entitled to easementary rights to use the suit property as a pathway for ingress and egress and also to take horses and to take water from the water sources available with the defendant's property. The plaintiffs also sought for injunction restraining the defendant from interfering with the right of the plaintiffs to use the suit property as a pathway and to take water from the water source available with the defendant's property. The suit was decreed by the trial Court and the findings of the trial Court were affirmed by the first appellate Court. Aggrieved by the concurrent findings, the defendant has come by way of this Second Appeal.
2. According to the plaintiffs, the suit property originally belonged to first plaintiff's grandfather Kondaiyan Chettiyar. In the year 1953, there was a partition between Kondaiyan Chettiyar and hi
Easementary rights require unequivocal evidence of long-standing use; customary rights to fetch water cannot be presumed without documented proof.
The judgment established that a person conferred with the right of easement of access over a pathway is entitled to enjoy other ancillary rights necessary to secure full enjoyment of the easement rig....
Easementary rights must be demonstrated through established, long-term use; failure to substantiate these claims invalidates requests for declaratory relief.
The court upheld the principle that long user and agreements can establish common property rights, even in the absence of formal title declarations.
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....
Easement rights under grant can persist despite the absence of explicit recitals in subsequent documents as long as statutory conditions are satisfied.
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