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september 1984

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.

AYYASWAMI GOUNDER AND ORS. vs MUNNUSWAMY GOUNDER AND ORS. · Niyam