Supreme Court of India · 1984-09-25
AYYASWAMI GOUNDER AND ORS. vs MUNNUSWAMY GOUNDER AND ORS.
- Citation / case number
- SC 1978/90344
- Court
- Supreme Court of India
- Petitioner
- AYYASWAMI GOUNDER AND ORS.
- Respondent
- MUNNUSWAMY GOUNDER AND ORS.
- Author
- R.B. MISRA
- Bench
- R.B. MISRA
Judgment text excerpt
The Supreme Court held that under Section 8 of the Indian Easements Act, co-owners have the right to use common property for their benefit, provided there is no specific pleading of prejudice by other co-owners. The Court found that the appellants-plaintiffs, as co-owners, were entitled to take water from their exclusive well through the common channel without obstruction from the respondents-defendants, as no damage to the common property was proven. The High Court's decision to restrict this right was overturned, affirming the trial court's ruling in favor of the appellants-plaintiffs.