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august 1988

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.

SMT. ANGURI & ORS. vs JIWAN DASS & ANR. · Niyam