AI Overview...
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Easementary Rights Cannot Be Defeated by Construction - The core principle is that once an easement is established, subsequent constructions or modifications (such as raising walls or building structures) do not automatically extinguish or defeat the easement rights of the dominant estate. Courts have emphasized that easements are rights that persist despite changes or improvements on the servient land, provided they do not violate legal restrictions or public interests M. Harichandra Prasad VS Chitturi Krishnamurthy - Andhra Pradesh, R. Sivanandan and others VS Rajammal and another - Madras.
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Preservation of Easement Rights Amid Construction - The legal framework and case law suggest that even with substantial construction or development on land, easement rights remain intact unless explicitly extinguished through legal procedures. For example, the Indian Easements Act, 1882, indicates that rights acquired by grant or prescription are resilient against defeat by the owner of the servient estate, barring specific legal actions to revoke such rights R. Sivanandan and others VS Rajammal and another - Madras.
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Construction Restrictions and Public Interest - While certain regulations may restrict construction in specific zones (e.g., open spaces or recreational areas), these restrictions do not generally impact existing easement rights unless they are incorporated into specific legal orders or amendments. The purpose of such restrictions is to serve public interest and not to undermine established easements K. H. V. Prasad VS Govt. of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development - Andhra Pradesh.
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Legal Precedents and Principles - Courts have held that rights of way and other easements are not defeated merely by the construction of new structures or raising walls, especially when such constructions are within the rights granted or recognized under law. The doctrine that a right ceases with necessity does not apply to rights acquired through express grant or prescription, reinforcing the stability of easement rights despite subsequent developments R. Sivanandan and others VS Rajammal and another - Madras.
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Summary - The main insight is that easementary rights are protected legal interests that cannot be invalidated or defeated solely by raising constructions or making improvements on the servient land. Such rights persist unless explicitly revoked through legal procedures, and courts generally favor the preservation of established easements against trivial or superficial claims that seek to undermine them M. Harichandra Prasad VS Chitturi Krishnamurthy - Andhra Pradesh, R. Sivanandan and others VS Rajammal and another - Madras, R. Sivanandan and others VS Rajammal and another - Madras.
References: - M. Harichandra Prasad VS Chitturi Krishnamurthy - Andhra Pradesh - R. Sivanandan and others VS Rajammal and another - Madras - R. Sivanandan and others VS Rajammal and another - Madras - R. Sivanandan and others VS Rajammal and another - Madras
Search Results for "Easementry Right can Not Defeated by Raising a Usefull Construction"
1996 0 Supreme(AP) 768 • India - Andhra Pradesh
B.K.SOMASEKHARA
of height of wall and constructed to the west of FG wall and the raising of the height of the old wall and the newly added wall ... injunction - Appeals are directed against the common Judgment in AS of learned Subordinate Judge - Defendants from interfering with the raising ... Mamraj maniram it was pointed out that the Courts should not construe the pleadings with such meticulous care so as to result in genuine claims being defeated on trivial ground. In K. C. Kapoor vs. Smt. ... To exclude perfection of title by adver....
2000 0 Supreme(Mad) 137 • India - Madras
K.P.SIVASUBRAMANIAM
Mariappa Gounder Fact of the Case: The appellant filed a suit for declaration of easementary right of passage through ... Easementary Rights - Civil Procedure Code - Order 20 Rule 12 - Order 22 Rule 4 - State of Punjab v. ... Finding of the Court: The court found that the appeal did not abate due to the death of one respondent and that the ... Mariappa Gounder) in which the right to claim mesne profits arising out of wrongful possession by several persons came up for consideration. ....
2009 0 Supreme(AP) 355 • India - Andhra Pradesh
V.ESWARAIAH, VILAS V.AFZULPURKAR
- Not violating any citizens fundamental right guaranteed under Article 21 - Even easementary rights not restrained - The inserted ... - Amendments made accordingly - Neither restrictive of any fundamental right nor affecting any easementary rights or the pending ... No.901, M.A. & UD (M1) Dept., dated 31-12-2007) - Rule 9 (h) - Construction prohibited only in spaces earmarked for recreation use ... The very basic purpose of leaving mandatory open spaces in the layout....
1974 0 Supreme(Mad) 301 • India - Madras
K.S.VENKATARAMAN
Indian Easements Act, 1882-Section 41-Right of way-Grant by implication-Held, Section inapplicable to such easement. ... It seems to me that the above decision can also be usefully applied to the construction of Exhibit B-3 in this case. ... rule that the right ceases with necessity has no application to ways acquired by express grant or by prescrip-tion, a right to a way so created cannot be defeated by showing that the owners have another convenient and accessible way of going to and....
2001 0 Supreme(Bom) 352 • India - Bombay
B.P.SINGH, S.RADHAKRISHNAN
CONSTITUTION OF INDIA, 1950Article 19 (1)(g) and (2)- Fundamental right of carrying business- For the purpose of determination of ... the fact whether the restrictions imposed on carrying on business were reasonable restriction or not, it is to be determined in ... an objective manner looking to the interest of general public and not from the stand point of interest of the persons upon whom the ... The owners of the centres having raised structures of a permanent nature, they have acquired easementry right#HL_E....
1986 0 Supreme(Mad) 353 • India - Madras
RATNAM
Vijnanesvara and Nilakantha include the plea of a former judgment among those allowed by law, each citing for this purpose the text of Katyayana, who describes the plea thus: 'If a person, though defeated at law, sue again, he should be answered, "You were defeated formerly." ... No. 2/1309 in Perumal Koil Street, Nandavanam Kottamedu, Coimbatore town, belonging to the appellant in 1953 and after levelling it up, put up a construction thereon incurring considerable expenditure. ... The learned Additional District Munsif, Coimbatore, was o....
2017 0 Supreme(All) 1195 • India - Allahabad
SUDHIR AGARWAL, K.J.THAKER
in connection of private right—Position of Shankaracharya is a Mission and property attached with the office is for accomplishment ... appellant was disqualified to be appointed as Shankaracharya his installation as Shankaracharya held illegal, invalid and confers no right ... broken in 1833—After 165 years, installation of Shankaracharya was made by selection of a suitable person by Manishigans and by not ... Naresh Kumar Shigaonkar was nearest defeated candidate. ... Vijnanesvara and Nilakantha include the plea of a fo....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
hand a decree must ensue in Suit 5, Suit 4 must also be partly decreed by directing allotment of alternate land to Muslims for construction ... Muslims have offered no evidence to indicate that they were in exclusive possession of inner structure prior to 1857 since date of construction ... In order to do complete justice, five acres of land to be allotted to Muslim parties in a prominent place in Ayodhya for construction ... Babur defeated Ibrahim Lodi only in A.H. 933 (1526 A.D.), and moreover, the year of co....
2004 1 Supreme 590 • India - Supreme Court
D.P.MOHAPATRA, S.P.BHARUCHA, V.N.KHARE
over a local area shall have to administer, manage and develop the area lying within its territory which cannot be done without raising ... Taxation may be capable of being comprised in the main subject of general legislative head by placing an extended construction, but ... (4) The entries in the List being merely topics or fields of legislation, they must receive a liberal construction ... In other words, if there is admissible in any statute, what is called an equitable construction, certainly, such a #H....
2017 0 Supreme(All) 857 • India - Allahabad
DILIP B. BHOSALE, YASHWANT VARMA
arise—Land in question vested absolutely in the Government in 1950 itself free from all encumbrances—Interest, right and title of ... purchasers—Petitioners have no locus—Since award was passed and possession taken, question of exercise of powers under Article 226 does not ... The letter highlights unauthorised cultivation; construction of illegal farm houses; illegal plotting of land through erection of barbed wire fencing, boundary pillars and brick walls; construction of kachcha - pakka road and unauthorized cattle fa....
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