Supreme Court of India · 1988-08-30
SMT. ANGURI & ORS. vs JIWAN DASS & ANR.
- Citation / case number
- SC 1986/69956
- Court
- Supreme Court of India
- Petitioner
- SMT. ANGURI & ORS.
- Respondent
- JIWAN DASS & ANR.
- Author
- M.H. KANIA
- Bench
- M.H. KANIA
Judgment text excerpt
The Supreme Court held that under Section 23 of the Indian Easements Act, 1882, a dominant owner may alter the mode and place of enjoying an easement, provided it does not impose an additional burden on the servient heritage. In this case, the appellants' action of opening nine morries instead of three increased the burden on the respondents' properties, justifying the injunction against them. The court dismissed the appeal, affirming that the respondents were entitled to block the new windows as no customary right of privacy was established.