Supreme Court · 2010 INSC 6 · Decided 5 January 2010

Sree Swayam Prakash Ashramam and ANR. v. G. Anandavally Amma and ORS.

Court
Supreme Court of India
Citation
2010 INSC 6 · [2010] 1 S.C.R. 271
Case number
CIVIL APPEAL No. 7/2010
Decided
5 January 2010
Bench
TARUN CHATTERJEE, V.S. SIRPURKAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136

Headnote

Indian Easements Act, 1882- s.13(b)- Easement rights 8 - Easement by grant - Suit for declaration of easement rights over 'B' schedule property of the plaint as a pathway to 'A' C schedule property of the plaint - 'A' Schedule property had been allotted to plaintiff in terms of a settlement deed pathway was situated within property under control and use of defendants - Held: Grant can be by implication as well- There was implied grant of 'B' schedule property as D pathway, which can be inferred for the reason that no other pathway was provided to plaintiff for access to 'A' schedule

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