Supreme Court · 2024 INSC 293 · Decided 10 April 2024
Manisha Mahendra Gala & ORS. v. Shalini Bhagwan Avatramani & ORS.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 293 · [2024] 4 S.C.R. 357
- Case number
- CIVIL APPEAL No. 9642/2010
- Decided
- 10 April 2024
- Bench
- PANKAJ MITHAL, PRASHANT KUMAR MISHRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Appellants if had easementary right of the way over the land owned by the respondents i.e. the disputed rasta. Appellants' reliance upon the evidence of their Power of Attorney holder/Manager of the property (PW-1) to prove their easementary right disputed rasta, if proper. Easements Act, 1882 - ss.4, 13, 15 - "Easementary right" - Easementary right by prescription or necessity - When not proved: Held: 'Easement' u/s.4 is a right which the owner or occupier of a land possesses for
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